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darna

Lifting condition after divorced

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Hi Im A new member here, I hope someone can give me some information.. I enter here on K1, my husband and i got divorced after more than 1 year of marriage.. My 2 yr GC will expired 2008 then i need to lift my condition... I got pregnant with my bf now and he wants to marry me, I wonder if the INS deny my application for lifting my condition alone.. what's gonna happen to me, also im gonna give birth next year and get married. Im so worried because my life is already here, my family.. :(

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Filed: Timeline

i

Hi Im A new member here, I hope someone can give me some information.. I enter here on K1, my husband and i got divorced after more than 1 year of marriage.. My 2 yr GC will expired 2008 then i need to lift my condition... I got pregnant with my bf now and he wants to marry me, I wonder if the INS deny my application for lifting my condition alone.. what's gonna happen to me, also im gonna give birth next year and get married. Im so worried because my life is already here, my family.. :(

This is just my oponion, 1st see a lawyer for free 1/2 hr. try to find one, that is verst in both Immigration and Family Law, there are a few around, but have to look for them.

if you want to stay with him and the kid, then remarry him, and may have him support you to file for the lifting of condition on your own, and have him around, keep pictures, etc, and you most likley are ok, specialy with having a baby, baby, baby on it's way, yahooo,

if you don't want him around, then with a lawyer, you can be set financily, and then still go the ins, and file seperatly and go to the interview, with the baby, baby, baby and you are going to be ok, Yahoo, baby baby.

You are going to be fine, just find a friend or family here you can stay with and enjoy yourself..

if yuo marry the bf, then you have start all over again, and exit us and come back.

if you carry on with existing K1, you may have a chance of getting it aproved.

i know ins, ice and all of them are currently on these cases, and part of the regulation is when you have your divorce decree, you have to send a form in, i can't rememeber the number, to declare you divroce and that you want to file seperatly on your own, otherwise you become out of status, it then it gets complicated...

Edited by SOL.Broken
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i

Hi Im A new member here, I hope someone can give me some information.. I enter here on K1, my husband and i got divorced after more than 1 year of marriage.. My 2 yr GC will expired 2008 then i need to lift my condition... I got pregnant with my bf now and he wants to marry me, I wonder if the INS deny my application for lifting my condition alone.. what's gonna happen to me, also im gonna give birth next year and get married. Im so worried because my life is already here, my family.. :(

This is just my oponion, 1st see a lawyer for free 1/2 hr. try to find one, that is verst in both Immigration and Family Law, there are a few around, but have to look for them.

if you want to stay with him and the kid, then remarry him, and may have him support you to file for the lifting of condition on your own, and have him around, keep pictures, etc, and you most likley are ok, specialy with having a baby, baby, baby on it's way, yahooo,

if you don't want him around, then with a lawyer, you can be set financily, and then still go the ins, and file seperatly and go to the interview, with the baby, baby, baby and you are going to be ok, Yahoo, baby baby.

You are going to be fine, just find a friend or family here you can stay with and enjoy yourself..

if yuo marry the bf, then you have start all over again, and exit us and come back.

if you carry on with existing K1, you may have a chance of getting it aproved.

i know ins, ice and all of them are currently on these cases, and part of the regulation is when you have your divorce decree, you have to send a form in, i can't rememeber the number, to declare you divroce and that you want to file seperatly on your own, otherwise you become out of status, it then it gets complicated...

Thanks for the opinion, Yes, im pregnant with my bf now and we going to marry jan 2007... My conditonal status expired 2008, I still not sure what to do, Should i apply to remove my condition alone soon or wait till before my conditonal expired? But what if they denied my application, is that mean they will process my deporatation...I want to stay here since im gonna gave birth and no more family back in phil.. If i go back to phil...What is my chances to come back here if my new husband petition me? is that possible if after INS send me home.? :unsure:

Edited by darna
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Filed: Timeline

SOL.Broken,

Your first bit of advice is good, even if a nominal fee has to be paid to get a consultation with an immigrantion attorney.

Your other bit of advice is incorrect. She will only need to leave the USA and be petitioned by the new husband if her application to remove the condition on her LPR status is denied.

Yodrak

i

Hi Im A new member here, I hope someone can give me some information.. I enter here on K1, my husband and i got divorced after more than 1 year of marriage.. My 2 yr GC will expired 2008 then i need to lift my condition... I got pregnant with my bf now and he wants to marry me, I wonder if the INS deny my application for lifting my condition alone.. what's gonna happen to me, also im gonna give birth next year and get married. Im so worried because my life is already here, my family..

This is just my oponion, 1st see a lawyer for free 1/2 hr. try to find one, that is verst in both Immigration and Family Law, there are a few around, but have to look for them.

.....

if yuo marry the bf, then you have start all over again, and exit us and come back.

.....

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SOL.Broken,

Your first bit of advice is good, even if a nominal fee has to be paid to get a consultation with an immigrantion attorney.

Your other bit of advice is incorrect. She will only need to leave the USA and be petitioned by the new husband if her application to remove the condition on her LPR status is denied.

Yodrak

i

Hi Im A new member here, I hope someone can give me some information.. I enter here on K1, my husband and i got divorced after more than 1 year of marriage.. My 2 yr GC will expired 2008 then i need to lift my condition... I got pregnant with my bf now and he wants to marry me, I wonder if the INS deny my application for lifting my condition alone.. what's gonna happen to me, also im gonna give birth next year and get married. Im so worried because my life is already here, my family..

This is just my oponion, 1st see a lawyer for free 1/2 hr. try to find one, that is verst in both Immigration and Family Law, there are a few around, but have to look for them.

.....

if yuo marry the bf, then you have start all over again, and exit us and come back.

.....

Thanks for the Info Yodrak, that really gives me idea about my case...

For you dmartmar, I just wanna let you know that my marriage with my ex husband is not a FRAUD..

Things happen in a relationship and sometimes you cannot fix it! We are friends now..

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Filed: Timeline
For you dmartmar, I just wanna let you know that my marriage with my ex husband is not a FRAUD.

I never said it was.

I meant that if there's anything that can hold you back in regards to your application, is him raising a red flag with the Agency by say, claiming marriage fraud.

But then again, this applies to any other person as well.

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Filed: Timeline
For you dmartmar, I just wanna let you know that my marriage with my ex husband is not a FRAUD..

Things happen in a relationship and sometimes you cannot fix it! We are friends now..

Actually who you -really- wanna let know that your marriage was not a Fraud would be the USCIS. They are the ones who will be interested in this the most, and the only ones who matter. We're just casual bystanders and observers... our opinion doesn't matter a rat's-@ss, frankly, about it.

Yeah "things" sure happen in a relationship. I guess things sure happened in your new relationship as well.

:heh:

I'm going to assume you're already divorced since you can't marry your new BF *and father of your baby, I assume* unless you've divorced the old one.

You can file for your LPR (10 year green card) with a waiver, and your divorce decree. As dmartmar pointed out, if your ex-husband did raise red flags with the USCIS, they might investigate your case a bit deeper.

It's up to you to prove to the USCIS that you entered the first marriage in "good faith". That's between you and the USCIS, not you and your ex-, you and dmartmar, you and your new bf/husband/poppa or anyone else.

-- Dan

Edited by PurrSuede
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If you came on a K-1 visa (fiancee) and your 2 year green card expires in 2008, I don't understand how you could have been married for more than a year and divorced already.

Unless I am just confused, the dates don't seem to match.

I thought you had to lift conditions 90 days prior to your 2 year wedding anniversary.

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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jane,

Quite a few people think wrong like this.

Yodrak

.....

I thought you had to lift conditions 90 days prior to your 2 year wedding anniversary.

Yodrak is correct. It's 90 days prior to your 2 year GC date. Some people take months after filing AOS to get a GC.

WBhW.jpgbunbuntdg20060306_-8_Amira%20is.png

REMOVING CONDITIONS

6/30/07 - Mailed I-751 via Priority Mail with Delivery notification

7/02/07 - Delivered to USCIS in Laguna Niguel,CA

7/07/07 - CSC returns I-751 packet because we used an older I-751 version. Mailed I-751 with latest(02/07) version via Priority Mail with delivery notification

7/09/07 - Deliverd to USCIS

7/10/07 - NOA date

7/12/07 - USCIS cashes check

7/21/07 - NOA received(GC extended for one year)

7/24/07 - Biometrics notice received

8/10/07 - Biometrics appointment in W. LA

8/28/07 - Card production ordered

8/29/07 - Approval notice received online

8/30/07 - Approval notice recieved in mail

9/04/07 - 10 yr GC received in mail

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Filed: Timeline
If you came on a K-1 visa and your 2 year green card expires in 2008, I can't understand how you could have been married for more than a year and divorced already.

Unless I am just confused, the dates don't seem to match.

I thought you had to lift conditions 90 days prior to your 2 year wedding anniversary.

jane,

Quite a few people think wrong like this.

Yodrak

Oh oh, I can already picture where all of this is heading into.

Thank God it wasn't me this time!

Edited by dmartmar
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Filed: Timeline
Hi Im A new member here, I hope someone can give me some information.. I enter here on K1, my husband and i got divorced after more than 1 year of marriage.. My 2 yr GC will expired 2008 then i need to lift my condition... I got pregnant with my bf now and he wants to marry me, I wonder if the INS deny my application for lifting my condition alone.. what's gonna happen to me, also im gonna give birth next year and get married. Im so worried because my life is already here, my family.. :(

Hi Darna,

Wait,as far as i know if you've got divorced you can Lift the Conditions on your own now whenever u would like now not like the 90 day before the expiration of the Conditional Card as if you were still married,thus the 90 day eligibility before the expiration of the Conditional Card is not the rule in your case now. As i said you can file the I-751 on your own at any time now., But if you gonna get married right now you guys have to refile everything all over again as the Adjustment of Status papers as you gonna have a new husband now.

So if you dont wanna to apply for the Adjustment of Status again ,wait with getting married for a while and file for the Removal of the Conditions on your own., but if you still thinking about remarrying as soon as possible just know that you will have to start doing everything from the beginning again.

Well,i guess in your case this is not an important issue and that issue is not gonna matter anyways.

So,yeah decide what you would like to do and My very Best Wishes to both of you! (F) Please talk to an attorney also.

Sincerely.

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Thank you Yodrak, that makes a lot more sense, then the way I thought it worked.

Though I was hoping I could be done with USCIS in late 2007, shortly after my 2nd wedding anniversary :angry: .

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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