Would there be any problem if I applied again after being denied a I-130? 4 Answers as of February 01, 2011

I got a denial for I-130 the reason was the evidence been submitted is inconclusive, and was divorced 3 month before getting the denial decision. My question now is, would there be any problem for applying for a new i-130 in order to get approved of course with new petitioner and how long does it usually take in my case if I am overseas now? Thank you so much.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I would like to review the Denial and discuss your case with you to properly advise you. In theory no there is not a reason why you can't re-apply but if there is any implication of fraud in the first marriage that needs to be addressed. You will also have to show the second marriage is in good faith and not just to help you get permanent residency.

We would be happy to consult with you on these issues but it would be helpful to obtain what you can on the first case - if you don't have these we can assist you or him in obtaining them. We do charge for consultations but whatever is paid for the consultation would then be a credit toward the fees for your case if you decide to move forward and re-apply.
Answer Applies to: California
Replied: 2/1/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
You should know, that you must demonstrate for each filing that your previous marriages were also valid. You should hire an attorney to assist you in this process.
Answer Applies to: Florida
Replied: 1/26/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes, you can apply again based on your new relationship. But be cautious because your first petition will be on record and your relationship will be closely examined. Ask your petitioner to hire a lawyer to represent you if you don't want to be denied for reasons you don't understand.

As far as how long it takes, it depends on the status of your petitioner and the processing center. You can find the info on www.uscis.gov. You are welcome to contact us. Good luck!
Answer Applies to: Florida
Replied: 1/25/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
If your denial was inconclusive it was because there was insufficient evidence to prove it was a valid good faith marriage. If you submit another application with a new Petitioner, you may encounter the same problem or worse. Please seek the advice of an immigration attorney.
Answer Applies to: Texas
Replied: 1/25/2011
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