HELP! Divorced and Remarried

[van80 1]

Hi mooninlove,

I just want to say - congratulations to you on all the trials you had to go through. Thank you for the insight. I guess I will just try to file the waiver once I get my decree when I get remarried again. Most likely I will receive the decree long after my expired GC.

My ex filed for divorce couple of months before i filed my I-751 and therefore i waited for the decree which took about a year to be finalized and then filed the I-751 waiver. My card is expired at that time but i informed USCIS why i failed to file at a timely manner. When I filed the I-751 waiver( received RFE too), i remarried and informed them again about this matter and to cut the story short, i was approved! Now that I filed for my N400, the interview where more of my I-751 than the N400 but thanks God, after all those stingy comments, I was approved of my N400 and awaiting for my Oath letter.

[makidesuu 0]

I may be in the same situation as you in the future. I am waiting for my divorce decree - who knows how long but I plan on remarrying afterwards and do not intend to apply to remove conditions this coming March since the decree is still pending with my ex-husband. As well, my GC will expire this June. I am just going to return back to Canada and let my card expire with no intentions to waiver it.

When I remarry I will do the same and reapply everything all over again but will probably come across the denial of the affidavit due to a pre-existing one from my ex husband. So please, what is the best way to go about this? Please give me some insight into this.

Thank You!

sorry It took a long time to reply. I was going to updated after everything was finished.

After all, my lawyer suggested that we file for I751 waiver as a late filing and we have not heard anything yet. My lawyer told me not to worry even if we would happen to receive GC or submission of new I485 in front of judge. I assume if my I751 is denied, it will automatically put me deportation order list and I will have to go see the judge to clear things up.

I talked with 5 different lawyers regarding my case before decided to do with my current lawyer.

It was very interesting to see their different opinion and price range.

Lawyer A: Disregard I751 completely. File for motion to reopen for denied new I485. ----- $3000

Lawyer B: Disregard I751. Go Infopass together to see what is going on with my current I485 and ask why it still exists. Then, submit new I485.----- $1500

Lawyer C: Dis regard I751. Go infopass to withdraw my current I485 completely, then submit new I485. She said we will receive GC either at immigration office or in front of judge. --- $4500

Lawyer D: File I751 waiver as a late file. ---- $5000 If we go immigration judge ---- $5000

Lawyer F: File I751 waiver as a late file. ----- $3000

My current lawyer: File I751 waiver as a late file. --- free

I will update this again if receive something from them.

[butterfly1 0]

I may be in the same situation as you in the future. I am waiting for my divorce decree - who knows how long but I plan on remarrying afterwards and do not intend to apply to remove conditions this coming March since the decree is still pending with my ex-husband. As well, my GC will expire this June. I am just going to return back to Canada and let my card expire with no intentions to waiver it.

When I remarry I will do the same and reapply everything all over again but will probably come across the denial of the affidavit due to a pre-existing one from my ex husband. So please, what is the best way to go about this? Please give me some insight into this.

Thank You!

well,, it so complicated, i think the best way for u is go home and your fiance now will petition you .so that u can back here again. i.. ur case is same wth my friend. unlsess u hire a very good immigration lawyer . but u hve to ask advice from INS>.

[makidesuu 0]

Hi all,

After all, I decided to send I751 waiver after the denial of new I485 under my current husband and my conditional resident status got extended for 1 year.

So, now I am no longer out of status ;-)

If you are in the similar situation (got divorced and remarried before GC is expired), I strongly recommend that you will file for I751waiver, not new I475 & I130 under new spouse. If you file new I485 & I130, you will become out of status for a long time and not sure how long. If you file I751 waiver, you can secure your status until they make a final decision, so you can work and travel.

I will update my info if something new comes up.

makidesuu

[mooninlove 1]

Hi all,

After all, I decided to send I751 waiver after the denial of new I485 under my current husband and my conditional resident status got extended for 1 year.

So, now I am no longer out of status ;-)

If you are in the similar situation (got divorced and remarried before GC is expired), I strongly recommend that you will file for I751waiver, not new I475 & I130 under new spouse. If you file new I485 & I130, you will become out of status for a long time and not sure how long. If you file I751 waiver, you can secure your status until they make a final decision, so you can work and travel.

I will update my info if something new comes up.

makidesuu

That's good to know your pr is extended for another year and decided to pursue the I-751 waiver..i did the same thing before (waiver), now happily to say i'm a USC as of yesterday. Best of luck to you and let us know how it went..