Is it possible to file a new petition while there's pending case?

[darna 0]

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?

[lucyrich 20]

I don't think it's possible to adjust status from conditional permanent resident based on one marriage to conditional permanent resident based on another marriage, but I could be wrong on that point.

Regardless of whether it's possible, it isn't necessary.

Once you've filed for removal of conditions, you won't lose status while they're deciding your case. You'll lose proof of status when your extension letter expires, unless you make an infopass appointment and get a stamp further extending your proof of status. But your status continues, and you can get proof of that by making an infopass appointment.

Eventually, they will get around to deciding your case. If they decide in your favor, you're done, and you don't need anything based on the new marriage. You don't have to file new affidavits of support, pay new fees, go through a second removal of conditions, keep evidence about the new marriage, etc. It really is better that way.

If they decide against you, you'll be facing removal proceedings anyway. You'll have a chance to argue your case. If they really believe you committed marriage fraud the first time, they won't let you be approved for a second marriage-based visa or adjustment of status, regardless of the strength of your evidence on the second marriage.

If you're seriously concerned about the approvability of your removal of conditions petition, you may want to consult with a competent attorney. There's a lot riding on that approval.

[russian_armenian 4]

Your new husband cannot apply for you to adjust your status because there is nothing to adjust. You are a permanent resident already-you are just removing conditions on your permanent resident's status. I think here are only non-immigrant status, permanent resident status and citizen status. Adjustment of status is going from non-immigrant through I-485 to permanent resident (immigrant). Withdrawal of I-751 leads to removal procedings (not to non-immigrant status from which you can adjust again). So, your only bet is I-751 approval. If it is denied, I believe your new husband has to wait for min 10 years to petition for you again.

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?