More details to this question:
I was in F-1 visa in the USA for 6 years before I got married and filed I130 and I-485. Few months later, I couldn't stand her and decided to divorce her. I filed for divorce and withdrew my I-485 and once the divorce was finalized, I left the country right away. A year later, a US citizen I used to know while in Ohio came for a visit and we fell in love. She works and studies in Ohio and can't leave all that. My question is, if we get married in my country, can she file I-130 again for me to live with her in the US?
1 ANSWER
Generally when a U.S. citizen marries a spouse abroad it is possible for the couple to succeed in consular processing and then adjustment of status so that foreign national spouse may become a Lawful Permanent Resident. This is true regardless of whether the foreign national spouse previously married and commenced an adjustment of status case, and then divorced and terminated that adjustment of status case. Under those circumstances, however, immigration authorities can be expected to scrutinize both the first marriage and the second marriage to assure both were bona fide, notwithstanding that the first marriage ended in divorce. For this reason, particularly strong sets of documentary evidence showing the bona fide nature of the marriages will be important. There really is no substitute for you and your fianc?e to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Jul 21st, 2017 at 9:12 AM