QUESTION
If I have pending case with USCIS, got separated and want to remarry another US citizen, will this be a problem?
Asked on Oct 24th, 2013 on Immigration - Michigan
More details to this question:
I got married in April 2012 to a US citizen. Our USCIS interview did not go well. It was however not denied, just pending. We relocated to another state in November 2012 and filed a new case there. The interview went well but the officer said based on our previous interview, that he would like to interview us one more time and that we would get a letter to appear again. We have not heard from them for 7 months now and my husband drinks alot was becoming abusive so we are seperated. I met someone else who wants to marry me. He is also a US citizen but I don't know how to go about this. If I divorce my husband whom I have been seperated from and living apart for 7 months and remarry someone else and file new USCIS paper work, would this be a problem? Sorry for the lengthy message.
6 ANSWERS
You have to be legally divorced before you can legally remarry. You have to show that the new marriage is bona fide. If you can do that, it should be approvable regardless of the prior marriage. You may have to explain the circumstances of the current marriage terminating, etc.
Answered on Nov 11th, 2013 at 8:24 AM
You have to get divorced first.
Answered on Oct 28th, 2013 at 1:25 AM
Bruce A. Coane
It's not unusual for the immigration authorities to allege that the first marriage to a USA citizen was a fraud. They often have no direct proof, but they will make you prove (sometimes) that the first marriage was bona-fide, before they ever approve a green card based on the second marriage.
Answered on Oct 28th, 2013 at 1:18 AM
Adebola O. Asekun
Based on the information your provided, it appears CIS has some concerns about the bona fides of your marriage and a second marriage will not address those concerns. I strongly urge you to retain an experienced immigration attorney before you do anything.
Answered on Oct 28th, 2013 at 1:01 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Obviously the second marriage will be more scrutinized especially because your first I-130 still under investigation. If CIS makes a finding that your first marriage was to circumvent immigration laws, you will be barred for ever from receiving any immigration benefit. You will need to discuss this with a competent attorney.
Answered on Oct 25th, 2013 at 12:41 PM
Criminal Defense Attorney serving Farmington Hills, MI
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Rickie Emmanuel Ibe, PC
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Not so much a problem, but a concern for the validity of the current marriage. You should have evidence of the abuse, such as, police reports, etc. I recommend that you get a lawyer for detail consultation.
Answered on Oct 25th, 2013 at 11:01 AM