Filing new i485 with pending i485 from previous marriage

[Boiler 45,443]

It was dead as soon as you divorced, maybe earlier, anyway a new application would get you a EAD

[Icedfire22”” 3]

9 minutes ago, Family said:

You will need TONS of evidence your FIRST marriage was not a sham / or for immigration purposes. 
 

A case pending since 2018 means they flagged you and those issues won’t go away no matter how solid second marriage is

Yea I have tons of evidence from

my first marriage as well . I never had issues with my first marriage. I assume the issue was with my joint sponsor . We had interview twice and was separated on both occasions. ALL our answers were the same on both occasions.  The second interview was for almost an hour and it was based ENTIRELY on how well we both know our joint sponsor and how we met him .  ALL our answers were the same . 

[Boiler 45,443]

One Stokes interview is unusual

[Crazy Cat 41,809]

2 minutes ago, Icedfire22”” said:

Yea I have tons of evidence from

my first marriage as well . I never had issues with my first marriage. I assume the issue was with my joint sponsor . We had interview twice and was separated on both occasions. ALL our answers were the same on both occasions.  The second interview was for almost an hour and it was based ENTIRELY on how well we both know our joint sponsor and how we met him .  ALL our answers were the same . 

Huh?  No issues?  Then, that is a big problem since you divorced.  BE PREPARED!!!   Winter is coming!!!!

Edited December 31, 2022 by Crazy Cat

[Family 3,988]

13 minutes ago, Icedfire22”” said:

@Family thank you so much for your input . Would you know about the EAD card if I should apply for a new  initial permission for EAD card  or submit the new i485 without the i765? 
on the i765 application, I don’t have a lot of options

Mark it as initial EAD . It is an initial application based on the new I-485 

[Icedfire22”” 3]

7 minutes ago, Family said:

Mark it as initial EAD . It is an initial application based on the new I-485 

Thank you so much . I will send the letter to withdraw the Initial I-485 today . And send the new one on Monday . Thanks you so much . do I need to reach out to my ex wife to withdraw the initial I-130 or my I-485 withdrawal today will suffice for both ?  Would I need to attach divorce letter with I-485 withdrawal or  just a simple letter of withdrawal is good ? 

Edited December 31, 2022 by Icedfire22””

[Family 3,988]

3 minutes ago, Icedfire22”” said:

18 minutes ago, Family said:

You will need TONS of evidence your FIRST marriage was not a sham / or for immigration purposes. 
 

A case pending since 2018 means they flagged you and those issues won’t go away no matter how solid second marriage is

Yea I have tons of evidence from

my first marriage as well . I never had issues with my first marriage. I assume the issue was with my joint sponsor . We had interview twice and was separated on both occasions. ALL our answers were the same on both occasions.  The second interview was for almost an hour and it was based ENTIRELY on how well we both know our joint sponsor and how we met him .  ALL our answers were the same . 

You will need all that evidence . Also need to be prepared to defend your actions ( failure to notify of divorce and EAD renewal) when they try slapping misrepresentation/fraud in obtaining EAD . 
 

Be prepared that they will either go or have already gone to old neighbors/jobs to investigate your first marriage.

 

Did you have an attorney for the two Stokes interviews?
 

[Crazy Cat 41,809]

I would lawyer for this one. 

[Family 3,988]

1 minute ago, Icedfire22”” said:

Thank you so much . I will send the letter to withdraw the Initial I-485 today . And send the new one on Monday . Thanks you so much . do I need to reach out to my ex wife to withdraw the initial I-130 or my I-485 withdrawal today will suffice for both ?  Would I need to attach divorce letter with I-485 withdrawal or  just a simple letter of withdrawal is good ? 

Edited just now by Icedfire22

Draft one Letter of Withdrawal and reference the I-130 and I-485 case numbers on it . 
Spend a bit of time on that letter and show your marriage was in good faith plus ADD any additional evidence not previously submitted.

 

If ex is on decent terms ask her to do an Affidavit stating the same . Have her notarize it with a Jurat ( not acknowledgement)..

 

If any other family/friends, priests, rabbi or imams ..that knew you as a couple are willing, have them do the same. 

 

[Family 3,988]

9 minutes ago, Icedfire22”” said:

Would I need to attach divorce letter with I-485 withdrawal

Yes 

[Icedfire22”” 3]

5 minutes ago, Family said:

You will need all that evidence . Also need to be prepared to defend your actions ( failure to notify of divorce and EAD renewal) when they try slapping misrepresentation/fraud in obtaining EAD . 
 

Be prepared that they will either go or have already gone to old neighbors/jobs to investigate your first marriage.

 

Did you have an attorney for the two Stokes interviews?
 

We didn’t have any attorney for both as we didn’t see a need to at the time based on the fact that our marriage was in good faith and we had nothing to hide or worry about . We were given a printed copy of answers for the second interview and ALL the answers were exactly the same .

I have been to different consultations with different attorneys and I have been gettig varied answers. The last attorney we went to told us we should apply for everything and we can withdraw the previous I-130 and I-485 whenever we are called for interview . The other attorney echoes your concern about withdrawing first before applying so I wasn’t sure which to follow . But i would be withdrawing the initial one and apply for a new one simultaneously like you suggested. Thank you so much 

[Icedfire22”” 3]

8 minutes ago, Family said:

Draft one Letter of Withdrawal and reference the I-130 and I-485 case numbers on it . 
Spend a bit of time on that letter and show your marriage was in good faith plus ADD any additional evidence not previously submitted.

 

If ex is on decent terms ask her to do an Affidavit stating the same . Have her notarize it with a Jurat ( not acknowledgement)..

 

If any other family/friends, priests, rabbi or imams ..that knew you as a couple are willing, have them do the same. 

 

Yea , I could get her to write a notorize letter, we are on decent terms  . I have notarized  letter from her two sisters and her cousin that was submitted during our second interview . I can still make copies of those . 

[Boiler 45,443]

Perhaps the ex spouse has notified them, the case was dead as soon as the divorce was completed.

[Family 3,988]

2 minutes ago, Icedfire22”” said:

We didn’t have any attorney for both as we didn’t see a need to at the time based on the fact that our marriage was in good faith and we had nothing to hide or worry about . We were given a printed copy of answers for the second interview and ALL the answers were exactly the same .

I have been to different consultations with different attorneys and I have been gettig varied answers. The last attorney we went to told us we should apply for everything and we can withdraw the previous I-130 and I-485 whenever we are called for interview . The other attorney echoes your concern about withdrawing first before applying so I wasn’t sure which to follow . But i would be withdrawing the initial one and apply for a new one simultaneously like you suggested. Thank you so much 

The attorneys who advised you not to withdraw the moment your divorce was finalized, gave you the advice you wanted to hear . Strategic…I understand.

 

Because I assume you did not have a new wife on the back burner ready to file for you . 
 

Hope you also clearly understand the Timeline of your new romance will be VERY scrutinized ..and they will try to use it to discredit bonafides of first marriage 

[Icedfire22”” 3]

1 minute ago, Boiler said:

Perhaps the ex spouse has notified them, the case was dead as soon as the divorce was completed.

She didn’t notify them as we didn’t have a messy divorce and we still wish each other well .