Divorce, then I-751 process...then remarry?

[Fishin247365 0]

My girlfriend will be filing for divorce. She is still a conditional resident status. After divorce is final she will file I-751. That gives her a year of temporary/extended residency. Can she marry during the I-751 process? And if for some reason she would be denied permanant status with I-751 can I petition for her for a K-1 visa after that and she would get conditional status again? Or if we marry during the I-751 can I petition at a later date should the I-751 be denied for some reason?

[Noel194 53]

If she is divorced and then file I-751 she will have to prove that the marriage was entered into in good faith and she was not just trying to get a green card. CIS estimates that 50% of all marriages for Green cards are fraudulent so I hope her ex husband is not bitter. Do you anticipate him causing problems?

[kzielu 1,149]

My girlfriend will be filing for divorce. She is still a conditional resident status. After divorce is final she will file I-751. That gives her a year of temporary/extended residency. Can she marry during the I-751 process? And if for some reason she would be denied permanant status with I-751 can I petition for her for a K-1 visa after that and she would get conditional status again? Or if we marry during the I-751 can I petition at a later date should the I-751 be denied for some reason?

K-1 is to enter the country to get married - if she is already in here, what would you need K-1 for ? K-1 does not give you any status at all, she would get after filing for adjustment of status and to do that she has to be married to you or someone else.

[Fishin247365 0]

I don't anticipate her husband causing any issues. Their marriage was entered to in good faith. They had known each other for 10 years prior to getting married. He found another woman and moved out and on with her. He doesn't hate his wife or anything he just wants to move on.

I know situations like this happen all the time where people get married thinking its the right thing then it falls apart. WIth them being married and living together a little over 12 months there was a ton more evidence to collect when USCIS asks for RFE.

She has marriage license

-Lease

-a few pictures not many

-he is listed beneficiary of life ins

-joint bank account

-affidavits from three people testifying to their relationship

[Fishin247365 0]

kzielu

I am not familiar with entire processes. I mentioned K-1 seeing it was for a fiance visa. We are obviously trying to ensure our future together and prevent her not getting a chance to take advantage of schooling and employment opportunities here is the US. Just trying to understand the process and what other options their are if the I-751 is denied for lack of evidence. Does it do any good to have her husband write a letter or anything testifying to the legitmacy of the marriage? I think he would but he is ready to move with new girlfriend many states away.

[Cino 5]

If I were here, I would do (not to complicate things further) as follows step by step :

1- Get divorce finalized & obtain "Divorce Decree",

2- Apply ROC (I-751) with a waiver ( sending documents that they have entered the marriage with a good faith & the marriage is a bona fide one)

By the way, there is no certain time requirements for filing ROC with a waiver. You can say filing window will be opening as soon as she gets the divorce decree,

3- Go bio & receive the extension letter,

4- If there is a RFE, repond to that with more evidences including exhusband's affidavit,

5- Go to the ROC interview (more likely in her case),

6- Get the approval letter & 10-year GC,

7- Remarry & be happy

8- Apply for US Citizenship ( after 5 years being LPR, the earliest she can apply 90 days before the 5th anniversary of her residency).

THE END