HELP PLEASE... SECOND REQUEST

[delta 0]

hi,

i got conditional greencard through spouse. my I-130 (IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN) was approved about 3 years back and touched again on March 09, 2008 and it gives a status -

Current Status: Interview completed, but case under review

Your case is currently undergoing a required review by an immigration officer. We will notify you by mail as soon as the review is completed and a decision is made. If you move while this case is pending, please use our Change of Address online tool or call 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.

My I-485 (APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS) was also touched on March 09, 2008 but its status is still the same as it was about 3 years ago. That is, approved status.

my I751 was filed at TSC and it was redirected to CSC and it says that my case will be decided by CSC. i completed my biometrics on January 25, 2008 and it is showing case still pending.

i have following questions, if you can check your applications and let me know ASAP-

1] is it normal that I-130, I-485 are touched while I-751 is processed? Was yours touched (if you can please check and let me know)?

2] i made an infopass appointment twice in last month and spoke with immigration officers. one was cordial and she said i need to wait. other was VERY ROUGH. he was speaking as if my conditional would not be lifted.... can a infopass officer really an officer or he is just a clerk with not much insight. i am scared. please let me know your thoughts

3] as i got divorced before i filed I751 (i submitted all the required documentation), can i get remarried before my I751 is approved or will it affect my I751 in any way?

regards

[wannabe_texan 0]

I have no expertise on this stuff, but I'm sure someone else who has far more knowledge than me will comment.

I suspect they touch the I-130 because that's the original basis for your petition (it's your USC ex-husband petitioning for you). When the marriage has ended, as in your case, maybe they have to go back and update something on that original file. So perhaps you should ask some people who have filed for the waiver because of divorce, and ask them about the I-130. There are a number of previous threads on people who filed individually.

With regards to the different IO's you spoke to, I think Dr ZoSo nailed it in your other thread.

I would expect that cases with a waiver would take longer to process than of no-waiver, because the burden of proof seems greater, but that's just my humble opinion.

[wannabe_texan 0]

And oh, on the remarrying question, while they are processing your I-751 you are a permanent resident. You are legally divorced, and therefore free to remarry.

[russian_armenian 4]

I think you can marry. Even if your current I-751 is denied, you would be able to send a new I-130 and I-485 based on a new marriage. Only if they decide that the previous marriage was a fraud, you would not be able to adjust again.

I wonder what other folks would say about above stmts since I am not a lawyer.

hi,

i got conditional greencard through spouse. my I-130 (IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN) was approved about 3 years back and touched again on March 09, 2008 and it gives a status -

Current Status: Interview completed, but case under review

Your case is currently undergoing a required review by an immigration officer. We will notify you by mail as soon as the review is completed and a decision is made. If you move while this case is pending, please use our Change of Address online tool or call 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.

My I-485 (APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS) was also touched on March 09, 2008 but its status is still the same as it was about 3 years ago. That is, approved status.

my I751 was filed at TSC and it was redirected to CSC and it says that my case will be decided by CSC. i completed my biometrics on January 25, 2008 and it is showing case still pending.

i have following questions, if you can check your applications and let me know ASAP-

1] is it normal that I-130, I-485 are touched while I-751 is processed? Was yours touched (if you can please check and let me know)?

2] i made an infopass appointment twice in last month and spoke with immigration officers. one was cordial and she said i need to wait. other was VERY ROUGH. he was speaking as if my conditional would not be lifted.... can a infopass officer really an officer or he is just a clerk with not much insight. i am scared. please let me know your thoughts

3] as i got divorced before i filed I751 (i submitted all the required documentation), can i get remarried before my I751 is approved or will it affect my I751 in any way?

regards

[eau_xplain 2]

It's possible that your old files were touched because your I-751 is being processed and the Adjudicating officer is checking on your old applications. As long as your marriage was entered into in good faith and you submitted evidence to proving it as such, then you will most probably not have any problems with your I-751.

As to remarrying while your I-751 is pending, there shouldn't be a problem since you filed your I-751 with a waiver for joint filing.

[diadromous mermaid 36]

It's possible that your old files were touched because your I-751 is being processed and the Adjudicating officer is checking on your old applications. As long as your marriage was entered into in good faith and you submitted evidence to proving it as such, then you will most probably not have any problems with your I-751.

As to remarrying while your I-751 is pending, there shouldn't be a problem since you filed your I-751 with a waiver for joint filing.

Correct, eau explain. The only time* that marriage to a US citizen could complicate an alien's immigration process is when an alien is already in removal proceedings (not removing conditions, but USCIS's act to remove an alien that is either out of status or deportable. Then, if the alien marries a US citizen the standards for the "burden of proof" shift. It is important to note that marriages that occur while an individual is in removal or deportation proceedings must meet a "clear and convincing" burden of proof of the bona fides compared to the "preponderance of the evidence" standard in regular visa petition proceedings.

Edited to add: * And marriage while an alien is awaiting approval on an I-360 Vawa claim, too.

Edited June 7, 2008 by diadromous mermaid