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Case Stories
❌ EB-3 Family-Based I-130/I-485 Denial - INA 204(a)(2)(A) Prior Marriage Bar
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❌ **Case Status: Denied**
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Petitioner's I-130 and I-485 were denied under INA 204(a)(2)(A) due to insufficient evidence clearing a prior marriage. USCIS determined the submitted evidence did not meet the 'clear and convincing' standard required to overcome the prior marriage bar. The petitioner is now seeking guidance on refiling options.
A family-based petition (I-130 and concurrent I-485) was denied by USCIS citing INA 204(a)(2)(A), which bars approval of an immediate relative or family preference petition when a prior I-130 was filed for a previous spouse. USCIS found the evidence submitted was insufficient to meet the 'clear and convincing' standard that the prior marriage was entered in good faith and not solely for immigration benefits. The petitioner is asking about the 5-year waiting period option and what documentation would be needed for a successful refile.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1ssvlet/i130_and_i485_denied/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
INA 204(a)(2)(A) denials are among the more difficult to overcome. Two paths exist: (1) Refile immediately with substantially stronger evidence of the prior marriage's bona fides — joint financials, cohabitation records, affidavits, photos, communications; or (2) Wait until 5 years after the prior spouse's admission, after which the bar no longer applies and no prior-marriage evidence is required. Cases with this denial pattern that refile quickly typically succeed only when counsel helps compile a comprehensive bona fide marriage package. The 5-year route has a significantly higher approval rate but requires patience. An immigration attorney review of the denial notice is strongly recommended before any action.