Can I get married if my I-751 has been denied? 4 Answers as of February 22, 2011

Can I get married if my I-751 has been denied?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You can certainly get married; the question is whether you can get immigration benefits from the next marriage. I would need to see the I-751 Denial. If it was denied because of lack of cooperation of your ex spouse you may be able to self-petition if you are now divorced. A denial based on fraud will be a problem in any subsequent case so I would recommend you try to overcome that either with a self-petition if eligible or through a petition with your new husband but burden will be high to show not only new marriage is legitimate but to overcome any finding of fraud in previous marriage. I can advise better when I know the specific facts of your case and see the I-751 Denial.

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/22/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Marriage is governed by state law, not by federal immigration law. You may get married, but beware that marriage of itself will not change your immigration status. You will still have to re-apply, or apply for a waiver.
Answer Applies to: Washington
Replied: 2/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you mean can you marry someone else other that your original petitioner, yes you may if you divorce the original petitioner. However, depending on the reason for the I-751 being denied, you could have difficulty getting a new Green Card. If the USCIS determined that your first marriage was based on fraud (not merely it was not found to be bona fide), you will not be able to get a Green Card through a subsequent marriage. Also if your I-751 was denied because you did get divorced, you can file and request a waiver of the joint filing requirement or based on hardship or abuse/cruelty.
Answer Applies to: California
Replied: 2/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Why is it denied? You can always marry. It is your right to marry at any time with anyone. The issue whether you will get your green card. Well, you need discuss with a lawyer about the reason of the denial. You are welcome to give us a call.
Answer Applies to: Florida
Replied: 2/2/2011
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