with Conditional GC, divorced, engaged again with another USC.

[diamond80 0]

Hi everyone,

I know this sounds very complicated. But I hope somebody in here could help me out. As per advise by an Immigration lawyer, I don't need to go back to my home country but could file a I-130 petition. Is that really possible? I wanna make sure first before hiring 'that' Immigration lawyer.

And also, will my conditional GC expires automatically once the petition is filed?

[Anh map 2,098]

You did not give many details in your post about when you arrived, married, adjusted status, and divorced. And this probably is not the best place to get advice about a complex situation.

The law allows you to remove the conditions by yourself on your green card after divorce. The I-130 is a petition for alien relative. You are a LPR if you have a green card. I don't see why the I-130 would apply to your situation, but I may be wrong.

It may be wise to get a second or third opinion from other immigration attorneys so that you can evaluate the advice you've been given.

Best of luck to you.

[thongd4me 69]

Hi everyone,

I know this sounds very complicated. But I hope somebody in here could help me out. As per advise by an Immigration lawyer, I don't need to go back to my home country but could file a I-130 petition. Is that really possible? I wanna make sure first before hiring 'that' Immigration lawyer.

And also, will my conditional GC expires automatically once the petition is filed?

You may not have to hire ANY lawyer if you have already adjusted your status.

As Ahn map said you don't give enough information.

Fill it in with your COMPLETE visa journey for your first visa.

Only then will your friends here be able to see at what stage you are at and where you can go from there.

If you need to have another visa journey, you can start a new timeline for that.

[Scott and Mhay 57]

Are you completely divorced? Is it final now? If it is you can adjust status on your own based on the divorce.....but there is also more information needed on your situation. I dont see where you would have to do the 130, but the lawyer was told more about your case than what you stated here.

[diamond80 0]

You did not give many details in your post about when you arrived, married, adjusted status, and divorced. And this probably is not the best place to get advice about a complex situation.

The law allows you to remove the conditions by yourself on your green card after divorce. The I-130 is a petition for alien relative. You are a LPR if you have a green card. I don't see why the I-130 would apply to your situation, but I may be wrong.

It may be wise to get a second or third opinion from other immigration attorneys so that you can evaluate the advice you've been given.

Best of luck to you.

Hi Anh map,

Thanks for posting...

arrived in the states: July 2008

adjusted my status: Sept 2008

EAD and AP approved: Dec 2008

CGC w/ no interview: Feb 2008

Final divorce: Nov. 2009

Obviously, I'm new here in visajourney. I've already asked a couple immigration lawyers but they have different answers. I'm just hoping someone out there may have the same issues like mine and could help me out.

And also, I'm convinced that my option to self-petition(removing my conditions) is least likely to be approved due to lack of supporting evidence(unhealthy marriage). That's why I'm considering another option.

Thank You once again for sharing your idea...Have a great day ahead of You...

[diamond80 0]

You may not have to hire ANY lawyer if you have already adjusted your status.

As Ahn map said you don't give enough information.

Fill it in with your COMPLETE visa journey for your first visa.

Only then will your friends here be able to see at what stage you are at and where you can go from there.

If you need to have another visa journey, you can start a new timeline for that.

Hi Thongd4me,

Thanks for posting and for the idea of editing my timeline...for quick details, please find below...

arrived in the states: July 2008

adjusted my status: Sept 2008

EAD and AP approved: Dec 2008

CGC w/ no interview: Feb 2009

Final divorce: Nov. 2009

[diamond80 0]

Are you completely divorced? Is it final now? If it is you can adjust status on your own based on the divorce.....but there is also more information needed on your situation. I dont see where you would have to do the 130, but the lawyer was told more about your case than what you stated here.

Hi Scott and Mhay,

Yes, my divorce is already final this month. I don't wanna risk in self-petitioning(removal of conditions) 'cause I believe it's least likely to be approved due to lack of supporting evidence(unhealthy marriage). Our plan is to have a fresh start, get married here. The lawyer told us, I don't need to go back to my home country but instead, file the I-130. I doubt if that's possible. Considering that we don't wanna be separated for a longer period time. We wanna know what's our best option in our case. I know it's really complicated...

More information about my K1 processing:

arrived in the states: July 2008

adjusted my status: Sept 2008

EAD and AP approved: Dec 2008

CGC w/ no interview: Feb 2009

Final divorce: Nov. 2009

Edited November 24, 2009 by diamond80

[thongd4me 69]

It's good that you provided the extra information, but since my fiancée only passed her interview today,

I feel it would be better for you to take this to the removal of conditions forum.

My visa journey is not as progressed as yours so it would not be appropriate to give

more advice than I have experienced.

That's probably why you didn't get that many responses.

Removal of Conditions Forum

I will suggest to the mods to move you there or somewhere more appropriate.

I suspect your situation is not as sticky as you seem to think it is, but only someone with

more experience can verify that.