I got a denial for I-130 the reason was the evidence been submitted is inconclusive, and was divorced 3 month before getting the denial decision. My question now is, would there be any problem for applying for a new i-130 in order to get approved of course with new petitioner and how long does it usually take in my case if I am overseas now? Thank you so much.
I would like to review the Denial and discuss your case with you to properly advise you. In theory no there is not a reason why you can't re-apply but if there is any implication of fraud in the first marriage that needs to be addressed. You will also have to show the second marriage is in good faith and not just to help you get permanent residency.
We would be happy to consult with you on these issues but it would be helpful to obtain what you can on the first case - if you don't have these we can assist you or him in obtaining them. We do charge for consultations but whatever is paid for the consultation would then be a credit toward the fees for your case if you decide to move forward and re-apply.
You should know, that you must demonstrate for each filing that your previous marriages were also valid. You should hire an attorney to assist you in this process.
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