Conditional Permanent Resident & Remarry and re-apply?

[Kitty623 0]

Hello,

I am hoping someone could give me an advise!

Me and my husband (soon to be ex) got married after 6 years of dating, and I got conditional permanent resident in 2012.

However the marriage didn't work out, so we decided to get divorced, and now we are in process which should be finalized very soon, and

I have a boyfriend who is US citizen now and we are planning to get married after my divorce is finalized.

I was told either I file for removing the condition myself, or

I am able to return my previous conditional permanent resident and re-apply with my current boyfriend once we got married.

Since I do NOT have any evidence of my marriage (I was mad so I throw away all the pics, and no joint account etc..),

Id rather start over again with my boyfriend.

Is it possible for me to get approved again? Me & my boyfriend have evidence that we have been seriously dating, but

my concern is that I would get married right after my divorce is finalized and reapply for green card again.

Hope someone could help me!!

Thank you!

[Newbie608 103]

Don't you have to wait 6 months until divorce is final to get married?

[JohnR! 5,495]

Hello,

I am hoping someone could give me an advise!

Me and my husband (soon to be ex) got married after 6 years of dating, and I got conditional permanent resident in 2012.

However the marriage didn't work out, so we decided to get divorced, and now we are in process which should be finalized very soon, and

I have a boyfriend who is US citizen now and we are planning to get married after my divorce is finalized.

I was told either I file for removing the condition myself, or

I am able to return my previous conditional permanent resident and re-apply with my current boyfriend once we got married.

Since I do NOT have any evidence of my marriage (I was mad so I throw away all the pics, and no joint account etc..),

Id rather start over again with my boyfriend.

Is it possible for me to get approved again? Me & my boyfriend have evidence that we have been seriously dating, but

my concern is that I would get married right after my divorce is finalized and reapply for green card again.

Hope someone could help me!!

Thank you!

You should be able to apply for residence based on your marriage to a US citizen. However, from the outside, it may seem to the USCIS that your marriage was a scam, since you have nothing to show as evidence of co-mingling of your lives, despite having dated for 6 years and married for at least two. Added to that is the fact that you are not divorced yet, and already dating seriously and considering marriage to a US citizen.

It is really not my call to make and my comments are not meant as a judgment call, but IMHO you would be wiser to recover all the evidence of your current marriage lest your story does not ring true tot he USCIS, observing the times between marriages as set forth by the laws of your state, etc

Good luck!

Edited June 20, 2013 by Gegel

[Kitty623 0]

Don't you have to wait 6 months until divorce is final to get married?

Yes, that 6 months is about to come!

I filed it end of last year...

[Kitty623 0]

I know..I wish I had some of the evidence with my ex, but the reason for our divorce was financial problems that he had, so

I didn't make any joint account and stuff.

If I were to show the evidence I only have the calendar that has the amount that he put for rent and stuff which was far from enough to live, and apartment

lease while we were dating...

well, thank you anyways

You should be able to apply for residence based on your marriage to a US citizen. However, from the outside, it may seem to the USCIS that your marriage was a scam, since you have nothing to show as evidence of co-mingling of your lives, despite having dated for 6 years and married for at least two. Added to that is the fact that you are not divorced yet, and already dating seriously and considering marriage to a US citizen.

It is really not my call to make and my comments are not meant as a judgment call, but IMHO you would be wiser to recover all the evidence of your current marriage lest your story does not ring true tot he USCIS, observing the times between marriages as set forth by the laws of your state, etc

Good luck!

[Ontarkie 14,406]

You were to actually file to remove conditions as soon as your divorce is final. The 6 month waiting period is for getting remarried. Time to start digging for evidence, if you two had shared car insurance, filed taxes as married. Old lease, phone bills, you need to be getting together some evidence. I'm sure you can think of stuff if you really try.

[Newbie608 103]

Yes, that 6 months is about to come!

I filed it end of last year...

Please keep in mind that its 6 months after the divorce is final, not 6 months after its filed.. I would suggest ROC on your own. You might come into alot of problems with immigration if you remarried and start over...

[khwaidee1 196]

Please keep in mind that its 6 months after the divorce is final, not 6 months after its filed.. I would suggest ROC on your own. You might come into alot of problems with immigration if you remarried and start over...

I don't know what state the OP is from from but, in Calif, your divorce judgment cannot be signed until 6 months after it was filed. Once it the judge signs it you can get married the next day should you so choose. In Calif. you don't have to wait 6 months after the divorce judgment (that would be one year from filing). FWIW.

[JimVaPhuong 4,863]

I think a point to keep in mind is that filing a new AOS with the new husband does not make the previous marriage and subsequent AOS go away. In the process of considering your new AOS application they can ask for evidence supporting your previous AOS application. If they determine that your previous marriage was entered into primarily to secure an immigration benefit then your new AOS application becomes moot because, in their minds, you would be guilty of fraud and ineligible to adjust status (again).

The likelihood of them wanting to dig into your previous marriage increases when the circumstances indicate something might be fishy. For example, they grant you a green card based on marriage to US citizen "A". Less than two years later they receive another green card application from you, this time based on marriage to US citizen "B". They are going to wonder how your marriage to US citizen "A" could have collapsed and you could have gotten involved in a new relationship serious enough for marriage, all in less time than a conditional green card is valid. A common explanation for this mystery is that the first marriage was a sham, the US citizen spouse discovered they'd been duped, and the alien spouse cashed in her chips and moved on to another unsuspecting American.

What I'm saying is that it's possible you could get a Notice Of Intent to Deny (NOID) citing your failure to remove conditions on your current green card, and asking you to provide evidence of good faith for the first marriage.

[Noel194 53]

I think a pretty good test is what an average person thinks when you tell them the story. I told 5 people and all 5 said FRAUD. I think you are going to have big problems.

[Darnell 8,479]

OP - what basis did you come into the USA?

ie - what visa ?