green card Expired

[salamat 0]

I am trying to help a friend with the right process i came to visa journey hoping someone will guide me with right process.

my friend is married to a us citizen and he has 3 kids, a long time ago (couple years ) he had his green card from a different women , but at the time when he was ready to apply for the removal of the conditions she disappeared. so he end up get married to his current wife. he started the process years ago when he was told that unless he pays all his owed taxes he won't be able to proceed with the applications. so he waited all this years until he paid all his taxes. now his wife called to immigration to continue the old process they told her that everything has to start all over means he has to apply using the form I-130.

i looking for some help on this case. i appreciate any kind of help on this case

thanks to all

[ricnally 259]

Did he get divorced from the first wife?

[Hypnos 6,578]

Tell him to find a good lawyer.

[salamat 0]

Yes

[salamat 0]

He got divorced from his first wife

[pushbrk 13,168]

Then yes, he will start over with wife filing I-130 concurrently with him filing the I-485. They are able to start over because he entered the USA legally and was formerly a legal resident. Don't just file the I-130 though. File them both together, then at no extra charge, include the I-765. You could add the I-131 but probably not necessary in this case.

[salamat 0]

Thanks for the information

[salamat 0]

Why does he need the i765 is it optional or required for the process to go through

[pushbrk 13,168]

It's optional but when filed with the i-485, there's no charge. The work authorization will come through in about 90 days even if the new green card is delayed. It's a simple form and free when filed together.

[salamat 0]

Thank you very much

[Hypnos 6,578]

Someone posted a similar situation a few weeks ago, whereby they had a green card, the marriage ended, they didn't file for RoC, a brand new AoS application was filed but denied by USCIS on the basis that the adjustment had already been granted.

They should speak to a lawyer before filing anything.

[pushbrk 13,168]

Someone posted a similar situation a few weeks ago, whereby they had a green card, the marriage ended, they didn't file for RoC, a brand new AoS application was filed but denied by USCIS on the basis that the adjustment had already been granted.

They should speak to a lawyer before filing anything.

Did they do a concurrent filing of I-130 and I-485 or just the I-485?

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Hypnos 6,578]

Did they do a concurrent filing of I-130 and I-485 or just the I-485?

Concurrent.

http://www.visajourney.com/forums/topic/492795-i485-denial-notice-after-verbal-approval-during-interview-merged/

[pushbrk 13,168]

Concurrent.

http://www.visajourney.com/forums/topic/492795-i485-denial-notice-after-verbal-approval-during-interview-merged/

Thanks. I don't get to that forum much and hadn't seen that. I'll take back my earlier recommendation and get on the lawyer wagon with you. The OP needs a lawyer that either already understands this unique problem or will read about the case in the link before making a recommendation. IMO, this is now a legal matter, not simply an administrative process. As such, it is not a do it yourself case.