darna

Is it possible to file a new petition while there's pending case?
I got here thru fiance visa divorced with the original petitoner, I filed to remove my condition thru waiver they gave me 1 year extension..I been married again. My 1 year extension will last up to next year and right now im still waiting for the USCIS for the decision of my permanent (10yrs) green card. I am just worried and concern about my status just in case they wont approve it, I dont wanna be out of status by the time the extension is over so I wonder if my new husband can file spouse petition for me even though i have pending case ?

Folinskyinla

Hi:

Yes, you husband can file an I-130 on your behalf.

BTW, I am answering only the question you asked. I'm not answering the questions you have not, but should have asked.

Noorah101

Moved to the Marriage-Based forum.

Rene
Moderator

ian-mstm

I, for one, will be following this thread with both interest and amusement!

Ian

Folinskyinla

Ian:

Her question is what I call "deceptively simple." It would take a small treatise to explore this one. I am reminded of one of law school professors who was fond the adage "The law is a seamless web." I have never thought it really applied to immigration, but it kind of describes the OP's case.

Rete

I, for one, am wondering why she needs to have a new petition filed for AOS since she is already a CPR and will remain one until the original waiver request for removal of conditions is adjudicated. If it takes 2 years she is still a CPR until a decision is made.

Realize there are a few twists here, i.e. k-1 visaholder, marriage to original I-129F petitioner and then divorce, new marriage right after dissolution of the first marriage, etc.

darna

I, for one, am wondering why she needs to have a new petition filed for AOS since she is already a CPR and will remain one until the original waiver request for removal of conditions is adjudicated. If it takes 2 years she is still a CPR until a decision is made.

Realize there are a few twists here, i.e. k-1 visaholder, marriage to original I-129F petitioner and then divorce, new marriage right after dissolution of the first marriage, etc.



What are you trying to say? kinda confused

Noorah101

A few of us are trying to say that you are still a permanent resident, and there is probably no need for your current husband to file a new I-130 for you and have you start all over again. You continue to be a permanent resident, so just keep waiting for your 10-year green card. You are still a PR while you are waiting, and after 5 years as a PR, you can apply to become a US citizen.

Rene

Folinskyinla

Hi:

I read it as seeking an insurance policy, so to speak. He question would actually form the basis of a pretty good law school exam question.

darna

Thank you I understand that but my other concern is What if im still waiting and then they decide againts me, I dont wanna be out of status by the time my one extension expired. Can my current husband file 130 or can start all over again from Adjusting my status on his behalf?

Noorah101

Yes, he can, as far as I know. I am not a lawyer, though.

Rene

Poppy girl

Exactly the same thing happened to my girlfriend, she was called for an interview and hubby number 1 went to the interview with her,she was 6 months pregnant at the time by hubby number 2 who stayed in the waiting room while the interview was conducted.....she got approved
I might add that she was advised to wait for the outcome of the self petition 1st before filing another petition.

I had 2 case's running and I cancelled 1 the officer who interviewed me said that I had done the right thing as you cannot have 2 petitions, now this is what he told me wether it be right or wrong I don't know but I have no reason to believe otherwise.