I NEED SOME HELP HERE...

[darna 0]

My situation is complicated.. I came here on K1 visa, got a 2 year greencard but then we got divorced.. My 2 yr greencard will expired on 2008 then i need to apply to remove my conditional status, I been divorced for a while and now I fell in love again and we got married.. I wonder now How am i gonna remove my condition? What is the best thing to do? Is it possible to start adjustment of status all over again with my new husband? I really need help here.... Thank you!

Edited December 27, 2006 by darna

[hotairguy 0]

Check the I-751, there is a checkbox for your circumstance;

"I entered into the marriage in good faith but the marriage was terminated through divorce/annulment."

Marilyn and Peter.

[YuAndDan 153]

No you don't remove conditions with your current spouse you will remove conditions by your self.

If you are still married, the petition should be filed jointly by youand the spouse through whom you obtained conditional status.However, you may apply for a waiver of this joint filing requirement if:

• You entered the marriage in good faith, but your spouse subsequently died;
  
• You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
  
• You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
  
• The termination of your status and removal would result in extreme hardship.
  

If you are filing to waive the joint filing requirement because your marriage has been terminated, also submit a copy of the divorce decree or other document terminating or annulling the marriage with your petition.

Instructions with form I-751

See also: http://www.immiseek.com/archives?/0/12/

[JenT 0]

The math doesn't add up to having been divorced 'for a while', but you will have to file to remove conditions on your own.

[CWR 0]

Shouldn't the removal of conditions have come right after the divorce (and BEFORE the 2nd marriage)...?

As far as I know, in such cases, the 2 year waiting time with the conditional greencard does not apply anymore....

But I could be wrong

[diadromous mermaid 36]

Shouldn't the removal of conditions have come right after the divorce (and BEFORE the 2nd marriage)...?

As far as I know, in such cases, the 2 year waiting time with the conditional greencard does not apply anymore....

But I could be wrong

Yes, the alien is statutorily able to remove conditions on residency when a divorce decree is available. In instances when the alien has remarried, the determination and consequent approval of a pending I751 is based on the validity of the first marriage.

[sjoefl01 1]

Diaddie,

I am curious about this. I have not read here enough to have knowledge. Given this scenario, what is the most common outcome?

Do you consider this filing to be a given, or high risk?

If the USCIS was not convinced that the original marriage was in good faith and did not award the 10 year card could they file for adjustment based on the new marriage?

Shouldn't the removal of conditions have come right after the divorce (and BEFORE the 2nd marriage)...?

As far as I know, in such cases, the 2 year waiting time with the conditional greencard does not apply anymore....

But I could be wrong

Yes, the alien is statutorily able to remove conditions on residency when a divorce decree is available. In instances when the alien has remarried, the determination and consequent approval of a pending I751 is based on the validity of the first marriage.

[diadromous mermaid 36]

Diaddie,

I am curious about this. I have not read here enough to have knowledge. Given this scenario, what is the most common outcome?

Do you consider this filing to be a given, or high risk?

If the USCIS was not convinced that the original marriage was in good faith and did not award the 10 year card could they file for adjustment based on the new marriage?

Shouldn't the removal of conditions have come right after the divorce (and BEFORE the 2nd marriage)...?

As far as I know, in such cases, the 2 year waiting time with the conditional greencard does not apply anymore....

But I could be wrong

Yes, the alien is statutorily able to remove conditions on residency when a divorce decree is available. In instances when the alien has remarried, the determination and consequent approval of a pending I751 is based on the validity of the first marriage.

The issue is that alien is at a stage where conditions are to be removed through the 'qualifying' marriage.

According to Section 216 of the Act, the alien is to apply to remove conditions placed upon him or her, through the 'qualifying' marriage. But, generally speaking, an alien can't have two separate and distinct marriage-based petitions pending with the Service. So, while an alien has an extant petition pending, another distinct petition cannot be filed that would result in the conferring of the same marriage-based benefit.

In this particular case, darna has not yet filed an I-751 waiver from her first marriage, although, clearly, once her divorce was finalised she was able to do so. So, this case is a little different since there are not two petitions pending. If there were, I believe the Service would adjudicate and make a determination on the first before dealing with a second petition. Now, if darna fails to apply to remove conditions prior to the expiry of her CGC, she will fall out of status and be subject to removal proceedings. There is an opportunity for an alien to appeal before the Immigration Judge to remove conditions, but I don't see a reason to let it get that far, personally. Of course, if the alien has reason to believe that the 'qualifying marriage' may not meet the bona fide standard, then I suppose there would be reason not to wish to pursue that case.

[Ladylethal 12]

The math doesn't add up to having been divorced 'for a while', but you will have to file to remove conditions on your own.

She could have divorced right after the green card was approved, 2 years is a while. But either way that shouldn't matter as she's simply asking a question about her removing of conditions.