can anyone help me understand?

[jnt 0]

Hi Everyone,

Im new to this page and found out that everyone has been so helpful here.. I have an issue, actually issues.. I came here with a spousal visa and granted a conditional green card for 2 years. And of course, 3 months prior to my anniversary entered here in the US, i need to file a removal of the conditional status together with my husband. But unfortunately, the marriage didnt work and he went to the Philippines and left me here. I was told that i should divorce my husband (ex) and file a waiver myself. Since we decided that we should just move on with our own lives, we ended up getting divorce. Months later, i met a very wonderful guy and we end up living together..And finally just got married. Do i need to file a waiver still or should i have different options now? I hope you can help me in this matter..I would really appreciate it. Thanks!

Edited March 27, 2008 by jnt

[eau_xplain 2]

You were eligible to file for removal of conditions (I-751) with a waiver as soon as you got your divorce decree. As it is, you should go ahead and file for the removal of conditions now.

I'm not sure how your re-marriage will affect your timeline for eligibility to apply for citizenship, but that is another question altogether.

[lucyrich 20]

Have you been filing your change of address forms? Does the USCIS know your current address and how to get ahold of you? You want to be sure and do that, so you don't miss any letters from them regarding your situation. I assume your two year green card has not yet expired?

You've got to finish the process you started with the first green card. While still married, you can file an I-751 as early as 90 days before the expiration date on the card and as late as the expiration date on the card. When you're legally divorced, you can file the I-751 any time between the day the divorce is final and the day they begin removal proceedings against you (expiration date on the card doesn't matter so much).

If they don't hear from you after the green card is expired, they'll wait awhile and then to start removal proceedings. If they don't have your address or can't get ahold of you, they'll start removal proceedings without notifying you. You don't want that to happen.

The new marriage isn't very relevant to your immigration situation. If you can remove the conditions on your old green card, you don't need the new marriage to give you status. If you don't remove conditions and they start removal proceedings against you, then you have serious problems regardless of any new marriage.

I'd suggest you consult with an attorney, or several, to figure out where to go from here. www.aila.org is one source of referrals. A half hour consultation shouldn't be expensive.

[jnt 0]

Thanks so much for your advice. I really appreciate it. My conditional visa will be expired in april of next year. I should go ahead then and file the I-751 or better yet hire an immigration lawyer..Thanks though, it makes me feel better that i have people to talk with regarding this matter..God Bless U and Your family.

Have you been filing your change of address forms? Does the USCIS know your current address and how to get ahold of you? You want to be sure and do that, so you don't miss any letters from them regarding your situation. I assume your two year green card has not yet expired?

You've got to finish the process you started with the first green card. While still married, you can file an I-751 as early as 90 days before the expiration date on the card and as late as the expiration date on the card. When you're legally divorced, you can file the I-751 any time between the day the divorce is final and the day they begin removal proceedings against you (expiration date on the card doesn't matter so much).

If they don't hear from you after the green card is expired, they'll wait awhile and then to start removal proceedings. If they don't have your address or can't get ahold of you, they'll start removal proceedings without notifying you. You don't want that to happen.

The new marriage isn't very relevant to your immigration situation. If you can remove the conditions on your old green card, you don't need the new marriage to give you status. If you don't remove conditions and they start removal proceedings against you, then you have serious problems regardless of any new marriage.

I'd suggest you consult with an attorney, or several, to figure out where to go from here. www.aila.org is one source of referrals. A half hour consultation shouldn't be expensive.

Your advice is really appreciated. I think i should consult an immigration lawyer and help me solve this issue. Its so nice of you to get back to me. Thanks so much for your time..Hope you're well and your family. God Bless...

You were eligible to file for removal of conditions (I-751) with a waiver as soon as you got your divorce decree. As it is, you should go ahead and file for the removal of conditions now.

I'm not sure how your re-marriage will affect your timeline for eligibility to apply for citizenship, but that is another question altogether.

[jnt 0]

By the way, yes i notified the USCIS with the changed of my address. I changed address twice now and i havent heard nor received anything from them. The last time i notified them with my recent address, i made sure that i sent it through UPS with a signature required, that way i know who received it. So i assume they know where im at. I really hope so as i never got any letter from them.

Have you been filing your change of address forms? Does the USCIS know your current address and how to get ahold of you? You want to be sure and do that, so you don't miss any letters from them regarding your situation. I assume your two year green card has not yet expired?

You've got to finish the process you started with the first green card. While still married, you can file an I-751 as early as 90 days before the expiration date on the card and as late as the expiration date on the card. When you're legally divorced, you can file the I-751 any time between the day the divorce is final and the day they begin removal proceedings against you (expiration date on the card doesn't matter so much).

If they don't hear from you after the green card is expired, they'll wait awhile and then to start removal proceedings. If they don't have your address or can't get ahold of you, they'll start removal proceedings without notifying you. You don't want that to happen.

The new marriage isn't very relevant to your immigration situation. If you can remove the conditions on your old green card, you don't need the new marriage to give you status. If you don't remove conditions and they start removal proceedings against you, then you have serious problems regardless of any new marriage.

I'd suggest you consult with an attorney, or several, to figure out where to go from here. www.aila.org is one source of referrals. A half hour consultation shouldn't be expensive.

[j_e_w_e_l_l_y_n 0]

Hello there! I am a filipino, and I watch TFC everyday. They have a show called Citizen Pinoy and they have an episode same as your situation. If you want, check the website of Atty. Gurfinkel. He's a reputable attorney! He has helped many people like you. What I have learned from the show about your situation is that you will be needing to prove the immigration that your first marriage was for real, but didn't work for some reasons. I don't know exactly what to do. You may contact them if you want. It might cost a lot of money but you will be able to get your greencard from your second spouse. Goodluck!

www.gurfinkel.com