Marriage broke down; withdrew application. Can I apply again one day?

[jhunter2019 0]

In 2017, I got married to a USC after graduating college on an F-1, on OPT status. We wanted to stay together, and had long-term plans together, and had been living together for about a year. I’m from the UK, she’s a US citizen.

The relationship did become toxic after some time, with my partner moving into her friends apartment at different points, and threatening to break it off and stop petitioning; and then reaffirming that she did want to be together and loved me. During one of these long arguments , I postponed our upcoming interview because we weren’t ready . We didn’t hear back from USCIS, and got a denial notice in early 2018. We appealed, said we had called to postpone, and got the case re-opened. Time went by, we were together again, and got another interview scheduled later that year.

I never received a notice of that interview though, only an email from our lawyer, because he’d received the notice after the appeal. I accidentally read the date wrong on the email, and we missed the appointment. I felt so stupid, and we filed everything again. After sending it back a second time with all the full fees, we had filed by early 2019.

The relationship began to go very sour again, even when we were living together, and when the different forms were approved in mid-late 2019 and we got our interview date, we agreed to break up, since the relationship couldn’t continue, and I made plans to move home since I wouldn’t be in status after that.

I have to make plans now for a divorce and to definitely spend some years back at home, away from my friends and community I made. I know now it will be hard to get another student visa, since I showed immigrant intent the last time I studied in the US.

In the last couple months when the marriage broke down, I started a platonic relationship with a new person, whom I came to really care for a lot. She said one day, not soon, but one day we should get married.

How possible is this? Would USCIS scrutinize my first,
failed marriage? With most of the documents back in the US, and not in touch with my ex spouse, I would have to spend a lot of time gathering evidence. But, I could provide:

- Lease agreements from the three years we co-habited.
- Affidavits from landlords that we lived together.
- affidavits from friends and family 
- affidávits from the job I had during my work permit
- Photographs of us together on holiday, different places, going back to 2016.
- shared bank account statements
- shared dental insurance 

We were fairly low income and as of such didn’t have shared property, I didn’t file tax returns, didn’t have health insurance, etc. 

Can I come back here, one day, and reasonably expect I can marry and stay with the person I want to be with? I don’t want this unfortunate situation to cancel out that possibility.

[SuznAaron 121]

8 hours ago, jhunter2019 said:

In 2017, I got married to a USC after graduating college on an F-1, on OPT status. We wanted to stay together, and had long-term plans together, and had been living together for about a year. I’m from the UK, she’s a US citizen.

The relationship did become toxic after some time, with my partner moving into her friends apartment at different points, and threatening to break it off and stop petitioning; and then reaffirming that she did want to be together and loved me. During one of these long arguments , I postponed our upcoming interview because we weren’t ready . We didn’t hear back from USCIS, and got a denial notice in early 2018. We appealed, said we had called to postpone, and got the case re-opened. Time went by, we were together again, and got another interview scheduled later that year.

I never received a notice of that interview though, only an email from our lawyer, because he’d received the notice after the appeal. I accidentally read the date wrong on the email, and we missed the appointment. I felt so stupid, and we filed everything again. After sending it back a second time with all the full fees, we had filed by early 2019.

The relationship began to go very sour again, even when we were living together, and when the different forms were approved in mid-late 2019 and we got our interview date, we agreed to break up, since the relationship couldn’t continue, and I made plans to move home since I wouldn’t be in status after that.

I have to make plans now for a divorce and to definitely spend some years back at home, away from my friends and community I made. I know now it will be hard to get another student visa, since I showed immigrant intent the last time I studied in the US.

In the last couple months when the marriage broke down, I started a platonic relationship with a new person, whom I came to really care for a lot. She said one day, not soon, but one day we should get married.

How possible is this? Would USCIS scrutinize my first,
failed marriage? With most of the documents back in the US, and not in touch with my ex spouse, I would have to spend a lot of time gathering evidence. But, I could provide:

- Lease agreements from the three years we co-habited.
- Affidavits from landlords that we lived together.
- affidavits from friends and family 
- affidávits from the job I had during my work permit
- Photographs of us together on holiday, different places, going back to 2016.
- shared bank account statements
- shared dental insurance 

We were fairly low income and as of such didn’t have shared property, I didn’t file tax returns, didn’t have health insurance, etc. 

Can I come back here, one day, and reasonably expect I can marry and stay with the person I want to be with? I don’t want this unfortunate situation to cancel out that possibility.

You can always apply. I doubt you would be allowed a non immigrant Visa as that appears to be what you were on when you married and were adjusting status. Perhaps marrying first and coming in on a CR1 would be best when that time comes. 

[payxibka 10,045]

You can be petitioned for and apply and receive the appropriate visa.  

[Ontarkie 14,227]

~~Moved to What Vis Do I Need, from AOS Family K1/K3 - As the OP has abandoned the AOS process and will possibly start a new process at a later time.~~

[jhunter2019 0]

5 hours ago, SuznAaron said:

You can always apply. I doubt you would be allowed a non immigrant Visa as that appears to be what you were on when you married and were adjusting status. Perhaps marrying first and coming in on a CR1 would be best when that time comes. 

So you think it would be a CR1 rather than K1 visa? Thanks for the advice. I just want to be sure we’d have a good chance before going through the whole process.

[SuznAaron 121]

53 minutes ago, jhunter2019 said:

So you think it would be a CR1 rather than K1 visa? Thanks for the advice. I just want to be sure we’d have a good chance before going through the whole process.

London isnt a hard Embassy but if you were looking to come back and not have to wait for green card and work then CR 1 is the way to go. You could likely do k1 with probably no issues though. 

Best to you!

[payxibka 10,045]

1 hour ago, jhunter2019 said:

So you think it would be a CR1 rather than K1 visa? Thanks for the advice. I just want to be sure we’d have a good chance before going through the whole process.

Personal decision