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missphilly Explorer

missphilly   1

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Hey VJ Peeps,

One of my friend was a K1 married and she was divorced her husband because he was being abusive to her and now she remarried again. My question is... Is she will get any conflict with that in the USCIS homeland sec. specially when she will change a new last name to the new husband? I'm just being confused, I know that is not my business but I just want to know what is the process of that?

ADJUSTMENT OF STATUS

Filing date: April 23, 2011

I-485 Biometrics Appt Date: May 16,2011

I-485 Approval Date:June 26 , 2011

I-485 Approved: Approved

Green Card received Date: August 04,2011

Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

It depends. How long ago did she divorce? Is she still in the US? Did she adjust her status in the US while being married to the original petitioner, or did she never adjust(AOS)?

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

carton025 Rising Star

carton025   38

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

I only offer my educated opinion based on the OP message.

As I read the OP did get their 2-year green card back in 2011.

The only pending decision that would involve the USCIS would be the I-751 process, "Removal of Conditions."

Based on my education, knowledge and experience the OP can file for the I-751 process without prejudice/discrimination, or undue bias by the USCIS and while not a good idea can be divorced and/or remarried to a different person.

It is my understanding, again based on my education and experience that the USCIS during the I-751 process is only concerned with the green card holders behavior while in the US.

I welcome anyone who has personal knowledge and first-hand experience/knowledge that would differ from my knowledge and opinion.

I will also comment that the OP usage of the English language is questionable.

Regards,

Sid

missphilly Explorer

missphilly   1

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted (edited)

It depends. How long ago did she divorce? Is she still in the US? Did she adjust her status in the US while being married to the original petitioner, or did she never adjust(AOS)?

Yes she still her in the US and I think she had her 2 years GC when she was divorce the original petitioner, then after 1 year of her divorce she remarried again... And yes she don't have the Adjustment of status yet before she got divorce. I'm just being confused of what is really her status. Edited by missphilly

ADJUSTMENT OF STATUS

Filing date: April 23, 2011

I-485 Biometrics Appt Date: May 16,2011

I-485 Approval Date:June 26 , 2011

I-485 Approved: Approved

Green Card received Date: August 04,2011

Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted

Yes she still her in the US and I think she had her 2 years GC when she was divorce the original petitioner, then after 1 year of her divorce she remarried again... And yes she don't have the Adjustment of status yet before she got divorce. I'm just being confused of what is really her status.

You'll need to know her status before anyone can answer your question properly. If she divorced before even getting the 2 year greencard Having 2 year greencard and not having AOS done would be conflicting.

If she got her greencard and then divorced, she'll have to ROC with a waiver and submit proof of the first marriage having been bonafide.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

missphilly Explorer

missphilly   1

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted

I only offer my educated opinion based on the OP message.

As I read the OP did get their 2-year green card back in 2011.

The only pending decision that would involve the USCIS would be the I-751 process, "Removal of Conditions."

Based on my education, knowledge and experience the OP can file for the I-751 process without prejudice/discrimination, or undue bias by the USCIS and while not a good idea can be divorced and/or remarried to a different person.

It is my understanding, again based on my education and experience that the USCIS during the I-751 process is only concerned with the green card holders behavior while in the US.

I welcome anyone who has personal knowledge and first-hand experience/knowledge that would differ from my knowledge and opinion.

I will also comment that the OP usage of the English language is questionable.

Regards,

Sid

Thanks anyway....

ADJUSTMENT OF STATUS

Filing date: April 23, 2011

I-485 Biometrics Appt Date: May 16,2011

I-485 Approval Date:June 26 , 2011

I-485 Approved: Approved

Green Card received Date: August 04,2011

missphilly Explorer

missphilly   1

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted

You'll need to know her status before anyone can answer your question properly. If she divorced before even getting the 2 year greencard Having 2 year greencard and not having AOS done would be conflicting.

If she got her greencard and then divorced, she'll have to ROC with a waiver and submit proof of the first marriage having been bonafide.

Okay Copy miss mooomin.. I think she already knew her actions before she remarried.. anyway thank you so much for your answers....

ADJUSTMENT OF STATUS

Filing date: April 23, 2011

I-485 Biometrics Appt Date: May 16,2011

I-485 Approval Date:June 26 , 2011

I-485 Approved: Approved

Green Card received Date: August 04,2011

 
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