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My wife and I went for our AOS first interview it didn’t go…

My wife and I went...
My wife and I went for our AOS first interview it didn’t go well. We go another letter for a second interview and we were separated, we totally got most of the questions wrong. My question here is I don’t know if USCIS will deny me or not. But my wife and I Want to withdrawal the I-130 and refill it in 3 months time. Can I get some advise on this. I also learnt if you are denied there is no way you can get a green card through marriage
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Answered in 1 minute by:
3/29/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,876
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

The news is probably not going to be good. They aren't going to just erase what happened because you withdraw the I-130 and I-485. How long have you been married? Why did you both get so many answers wrong?

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Customer reply replied 4 months ago
We have been married for 2 and a half years. It just happened we got some of the questions wrong. But will be our chances if we withdraw and refine.?

As I said, they aren't going to erase anything just because you withdraw your current petition and they most likely will deny that current petition even if you don't withdraw it. Will your chances be better in the future if you withdraw? Probably not. You can withdraw, continue to build a life together, get to know each other better, maybe even have children, and then refile. The longer you wait to refile in order to build more evidence, the better it is, but they will not erase what happened in the past. Any officer in the future will see what happened with the previous case and of course it will be harder to get them to approve, but you have to go forward because if they determine that your marriage was fraudulent, you will never be able to get Residency again even if you marry a different U.S. Citizen or even if you have U.S. Citizen children with a different spouse. So go forward.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
I have one last question if we withdraw and file for divorce and start the whole process with a different US citizen. Will the office still see my previous case and will it still be harder for me to get residency.?

Yes, they will ALWAYS see that previous case. As I already said, you need to move forward with THIS case. You have to prove with THIS case that you did not just marry for the green card. If you do not fix THIS case, it will be near impossible for you to get Residency through a different U.S. Citizen spouse. If you divorced and marry a new U.S. Citizen and filed, they will require you not only to prove that the new marriage is real, but that the old marriage was real as well.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,876
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!
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