I am a US Citizen planning to marry again while ex-spouse I-751 still pending.

[lands224 0]

Hello all,

 

I hope I can get some help and guidance from this post. I am a U.S citizen who plans to marry my current girlfriend, who is an international student with a valid I-20 for three more years. I have filed  I-751 form as a joint petition back in January of last year with my ex-spouse. While the form was still pending, we both fell out of love and got divorce. The divorce was finalized in April. Now, the ex-spouse went to the  interview alone and got NOID. The NOID asks the ex-spouse for more evident of a bona fide marriage. We entered married in good faith and provided evidence about joint taxes, joint car lease, and joint bank statements, and pictures. My question is that I also plan to apply for AOS for my girlfriend after we get married. How soon can we can get married? How soon can we start the process of AOS? Will I have to provide evidence of a bona fide marriage on my first marriage as well? I am ready to move on and start new life with my current girlfriend and want the best for her. Thank you so much for any help I can get.

Edited May 8, 2021 by lands224

[JFH 12,191]

The divorce was finalized in April of this year? That was a few weeks ago. 

[lands224 0]

Yes, me and ex-spouse were living separately since May of last year. After over two years of living together, we couldn't see a happy marriage life together. So, we decided to get divorce. I was heart broken. Then, I was lucky to meet another girl.

[JeanneAdil 6,653]

AS far as a new marriage is concerned ,  look up your state's laws / they vary

 

[Just Paul 4,595]

4 hours ago, lands224 said:

How soon can we can get married?

you can marry anytime now that you are divorced.

4 hours ago, lands224 said:

How soon can we start the process of AOS?

As soon as you have the documentation

4 hours ago, lands224 said:

Will I have to provide evidence of a bona fide marriage on my first marriage as well? 

Technically not your issue.   You can provide whatever documentation to your ex that is helpful but you are not required by USCIS to provide anything.

 

Hopefully you make enough to cover your ex and your future wife's sponsorship requirements.

[Nitas_man 3,100]

8 hours ago, lands224 said:

Yes, me and ex-spouse were living separately since May of last year. After over two years of living together, we couldn't see a happy marriage life together. So, we decided to get divorce. I was heart broken. Then, I was lucky to meet another girl.

Impeccable timing

[SteveInBostonI130 3,483]

Immigration-wise, you are free to marry and submit I-130 and I-485 for your new wife.

 

Relationship-wise....one short marriage and a new marriage within a few weeks/months of your divorce?  Why not wait to see if things will last the second time around?   You said she is a student with a valid I-20 for the next three years.  

 

It is your choice, of course.  

[USC4SPOUSE 506]

On 5/8/2021 at 10:44 AM, lands224 said:

Hello all,

 

I hope I can get some help and guidance from this post. I am a U.S citizen who plans to marry my current girlfriend, who is an international student with a valid I-20 for three more years. I have filed  I-751 form as a joint petition back in January of last year with my ex-spouse. While the form was still pending, we both fell out of love and got divorce. The divorce was finalized in April. Now, the ex-spouse went to the  interview alone and got NOID. The NOID asks the ex-spouse for more evident of a bona fide marriage. We entered married in good faith and provided evidence about joint taxes, joint car lease, and joint bank statements, and pictures. My question is that I also plan to apply for AOS for my girlfriend after we get married. How soon can we can get married? How soon can we start the process of AOS? Will I have to provide evidence of a bona fide marriage on my first marriage as well? I am ready to move on and start new life with my current girlfriend and want the best for her. Thank you so much for any help I can get.

 

These are my humble 2 cents. Be a gentle(man/woman) - gentle human being to your former spouse and cooperate with the NOID. In these situations, a notarized affidavit from the US citizen comes in very handy. While it it technically not your issue, you both entered the marriage with good intentions. Things fell apart and that happens. Your former spouse can get approved on the basis of divorce, if they can show sufficient evidence of Bona Fide Marriage since the date of the marriage. 

 

In regards to your new relationship, everyone's heart beats at its own pace - so to speak. I personally would not rush into getting married again but that is your call. If you do choose to get married, I would wait to file for AOS and build a solid trail of evidence of Bona Fide Marriage since day one. Your future spouse has an I-20 that is valid for another 3 years. If I were in your shoes, I would help your former spouse with the NOID, wait for the dust to settle and in a year from now, marry your current girlfriend and then, later file for AOS. I would probably aim to get to the AOS interview after being married for 2 years already. That is just me, though.