first application dienied HELP

[pushbrk 12,892]

10 hours ago, brazillian said:

hey guys , so im all set now ,

i got divorce and remarried again, to my current wife

with a new date , (after last divorce was final)

 

 

so here is the question , my last case is now on NVC and they will sent it back god knows when! they are talking about 160 days or more

 

can i filled a new I130 for my wife with the last one still pending? 

last pettion did now get denied yet! USCIS still have to review in order to denie! 

Yes, you can file a new petition.  Your first one is useless as the marriage upon which it was based is not valid.

[brazillian 3]

8 hours ago, pushbrk said:

Yes, you can file a new petition.  Your first one is useless as the marriage upon which it was based is not valid.

thanks for the reply!

 

do you think it will be a problem , 

filling another I130 with the last one pending?

 

and do you think i should withdraw the last pettiton? or just filled a new one and forget about last one till it get denied?

 

Edited May 13, 2018 by brazillian

[bakphx1 789]

You are on the right path, but one thing:  divorce vs. annulment.  Divorce means they end a recognized marriage.  Annulment is to undo an invalid marriage.  You technically should only look at annulment.  Not sure if that's easier or harder, but once annulled the marriage is treated as if it never took place in legal aspects. I think it's easier because there are no rights or responsibilities a state would require for divorce. 

[pushbrk 12,892]

6 hours ago, brazillian said:

thanks for the reply!

 

do you think it will be a problem , 

filling another I130 with the last one pending?

 

and do you think i should withdraw the last pettiton? or just filled a new one and forget about last one till it get denied?

 

Yes, withdraw the first petition.  You can do that with a letter included in the new filing.  Of course, you have a "problem".  Whether you will overcome it depends on the totality of circumstances and whether they believe your current marriage is bona fide.  This is NOT the kind of case I would recommend as "do it yourself".  

[brazillian 3]

4 hours ago, bakphx1 said:

You are on the right path, but one thing:  divorce vs. annulment.  Divorce means they end a recognized marriage.  Annulment is to undo an invalid marriage.  You technically should only look at annulment.  Not sure if that's easier or harder, but once annulled the marriage is treated as if it never took place in legal aspects. I think it's easier because there are no rights or responsibilities a state would require for divorce. 

but the marrige took place in brazil

and thats the trick part! 

4 minutes ago, pushbrk said:

Yes, withdraw the first petition.  You can do that with a letter included in the new filing.  Of course, you have a "problem".  Whether you will overcome it depends on the totality of circumstances and whether they believe your current marriage is bona fide.  This is NOT the kind of case I would recommend as "do it yourself".  

im in brazil and there is no immigration lawyer for the US out here at least where i live!

thats the hard part trying to figure everything online! 

 

but thanks for pointing the right path, it really helps trying knowing where to start!

[pushbrk 12,892]

6 minutes ago, brazillian said:

but the marrige took place in brazil

and thats the trick part! 

im in brazil and there is no immigration lawyer for the US out here at least where i live!

thats the hard part trying to figure everything online! 

 

but thanks for pointing the right path, it really helps trying knowing where to start!

I don't think any of the people responding to you are in Brazil either.  You do not have to be in any certain place to hire professional services.  At least a telephone consultation with an experienced family based Immigration Lawyer practicing US family based immigration services is advised.  The one I usually recommend for "tricky" cases is actually in Vietnam.  His name is Marc Ellis and you can find him at marcellislaw.com