If I have pending case with USCIS, got separated and want to remarry another US citizen, will this be a problem? 9 Answers as of November 11, 2013

I got married in April 2012 to a US citizen. Our USCIS interview did not go well. It was however not denied, just pending. We relocated to another state in November 2012 and filed a new case there. The interview went well but the officer said based on our previous interview, that he would like to interview us one more time and that we would get a letter to appear again. We have not heard from them for 7 months now and my husband drinks alot was becoming abusive so we are seperated. I met someone else who wants to marry me. He is also a US citizen but I don't know how to go about this. If I divorce my husband whom I have been seperated from and living apart for 7 months and remarry someone else and file new USCIS paper work, would this be a problem? Sorry for the lengthy message.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You have to be legally divorced before you can legally remarry. You have to show that the new marriage is bona fide. If you can do that, it should be approvable regardless of the prior marriage. You may have to explain the circumstances of the current marriage terminating, etc.
Answer Applies to: California
Replied: 11/11/2013
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
Assuming you did not enter the USA on a fiance visa, you entered with a valid visa, you are not and will not be charged with marriage fraud for your first marriage; you can divorce remarry and your new spouse will need to file an I-130 for you. You will need to file a new I-485.
Answer Applies to: Florida
Replied: 10/28/2013
Coane and Associates
Coane and Associates | Bruce Coane
It's not unusual for the immigration authorities to allege that the first marriage to a USA citizen was a fraud. They often have no direct proof, but they will make you prove (sometimes) that the first marriage was bona-fide, before they ever approve a green card based on the second marriage.
Answer Applies to: Texas
Replied: 10/28/2013
Law Office of Adebola Asekun | Adebola O. Asekun
Based on the information your provided, it appears CIS has some concerns about the bona fides of your marriage and a second marriage will not address those concerns. I strongly urge you to retain an experienced immigration attorney before you do anything.
Answer Applies to: New York
Replied: 10/28/2013
CoverLaw | Jim Cover
You have to get divorced first.
Answer Applies to: California
Replied: 10/28/2013
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    Obviously the second marriage will be more scrutinized especially because your first I-130 still under investigation. If CIS makes a finding that your first marriage was to circumvent immigration laws, you will be barred for ever from receiving any immigration benefit. You will need to discuss this with a competent attorney.
    Answer Applies to: Nevada
    Replied: 10/25/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    It should not be a problem if you can establish that both your current marriage and prior marriage were bona fide. I would really encourage you to hire an attorney.
    Answer Applies to: New York
    Replied: 10/25/2013
    Rickie Emmanuel Ibe, P.C. | Rickie Ibe
    Not so much a problem, but a concern for the validity of the current marriage. You should have evidence of the abuse, such as, police reports, etc. I recommend that you get a lawyer for detail consultation.
    Answer Applies to: Michigan
    Replied: 10/25/2013
    Law Offices of Linda Rose Fessler | Linda Fessler
    Yes. They already have doubts about you.
    Answer Applies to: California
    Replied: 10/25/2013
Click to View More Answers: