Divorced and reconciled with pending AOS

[Fancyaa 1]

If you get divorced while a marriage based AOS is pending but then you reconcile and get married again, can you use the original application submitted or do you have to refile a new petition based on the second marriage? The initial petition is still active and hasn’t been called for an interview with the covid delays it has given some wiggle room 

[SalishSea 18,125]

3 minutes ago, Fancyaa said:

If you get divorced while a marriage based AOS is pending but then you reconcile and get married again, can you use the original application submitted or do you have to refile a new petition based on the second marriage? The initial petition is still active and hasn’t been called for an interview with the covid delays it has given some wiggle room 

No, you cannot use the original petition, as when that marriage ended,  you were no longer eligible.

[Chancy 6,243]

4 minutes ago, Fancyaa said:

If you get divorced while a marriage based AOS is pending but then you reconcile and get married again, can you use the original application submitted or do you have to refile a new petition based on the second marriage? The initial petition is still active and hasn’t been called for an interview with the covid delays it has given some wiggle room 

 

The first AOS application is no longer valid as the marriage on which it is based has already ended.  A new I-130 petition and I-485 application must be filed based on the 2nd marriage.

 

[Fancyaa 1]

10 minutes ago, Chancy said:

 

The first AOS application is no longer valid as the marriage on which it is based has already ended.  A new I-130 petition and I-485 application must be filed based on the 2nd marriage.

 

Would it be a I-130 or still a I-485 based on a k-1? Or because now “technically” you didn’t marry within 90 days so it can’t be based on k-1?

[Crazy Cat 42,215]

13 minutes ago, Fancyaa said:

Would it be a I-130 or still a I-485 based on a k-1? Or because now “technically” you didn’t marry within 90 days so it can’t be based on k-1?

The marriage that occurred within 90 days of entering via a K-1 was terminated.  Therefore, this would an entirely new application based on a new marriage.  Therefore an I130 would be required, imho.

Edited April 4, 2021 by Lucky Cat

[Chancy 6,243]

45 minutes ago, Fancyaa said:

Would it be a I-130 or still a I-485 based on a k-1? Or because now “technically” you didn’t marry within 90 days so it can’t be based on k-1?

 

The marriage certificate for the 2nd marriage will show that the wedding occurred after 90 days of US entry, so the new I-485 cannot be based on the I-129F petition.  The underlying petition for the new I-485 must be an I-130, which can be filed concurrently with the I-485.

 

[Mike E 11,742]

In addition you will need the divorce decree and the new marriage certificate.  You will need the originals for any any consular or I-485 interview.  

[VALU 55]

How far apart are the two marriages?

[Fancyaa 1]

On 4/5/2021 at 10:04 AM, VALU said:

How far apart are the two marriages?

Marriage 1 - august 2019

Divorces - November 2020

Marriage 2 - April 2021