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Posted

Hello VJ, a quick question here on i485 interview expectations. I have had a previous marriage with a US citizen when I was back in school with an f1 status, we had irreconcilable differences and the marriage lasted for a year and five months and ended in a divorce. From the beginning till the end of the marriage I DID NOT submit any immigration benefit request to the USCIS and I have never applied for a change of status based on marriage from this marriage. I maintained my f1 status till I graduated from the university and after I graduated from University I applied for a work permit based on f1 eligibility and I was approved the work permit. Now I found someone I love and we plan to get married and I plan on requesting for a benefit based on this marriage, can anyone share their experience or do you think I need a lawyer or not? Like I said, I have never applied for a benefit from the USCIS based on marriage before and I have never overstayed my visa. Thank you

Posted

I originally came to the US in 1988 on a B2 visa and later married my then USC girlfriend and applied for AOS. We had the initial interview and I received and I-551 stamp (temp green card) in my passport. We separated soon after and I never filed for removal of conditions (TBH I never realized you could file if you divorced prior to the 2 year mark). I later married my current wife (also a USC) and for one reason or another we never got round to filing for AOS again until last year. We self filed and the only legal advice we obtained was via one of the online legal websites regarding my past AOS and marriage.

 

We filed Jan 2017 and had our interview Jun 2017 in Los Angeles. We never received an RFE and the IO never even questioned the time it had taken us to file for AOS (we have just had our 18th wedding anniversary). The day after our interview we received notification our case was approved and shortly thereafter I received my 10 year green card.

 

If your marriage is legit and you have no criminal history you should have no issues at all and should not need a lawyer. One of my concerns was that due to my prior AOS filing I may have been subject to a deportation order that I was never aware of (which the IO confirmed was not the case) and that was one of the reasons we consulted with an online legal website

 
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