divorce before conditions are lifted

[mohammedbusra 0]

I have been trying non stop to post a message on the site but have not been successful.so I chose to mail via here and maybe I will be able to get a response to my dilema.

I got into the united states last yr around october on k3 visa and immediately I got into the country,my wife has been acting strange towards me and gave me an ultimatum to leave.it really baffled me and when I asked her what was wrong,she said she does not love me anymore and it seems more starnge that a day previous to when I left my country(Nigeria) she spoke to me of how much she loves me and wants to be with me.well,I left for texas from indiana cos of the problem and from there moved to colorado.Now she filed for divorce and I just got the divorce decree and I am getting married very soon to another american citizen.I have not filed any papers upon my entry into the country and I would like to know what to do and if i want to start all over with my new spouse,I would also like to know what to do.

will I be asked to leave because i got divourced?help needed fast.time running out

[JenT 0]

[Robor007 0]

You've only been in the US since October of 2006 and you're already divorced? Wow. At the most that's just over 4 months from entry to divorce. That's not a lot of time to give a relationship a chance. And now you're ready to marry another US citizen? Do you not thing this will be viewed as something other than a reason to stay in the country? Not trying to be harsh, just giving you an unbiased view of reality.

[JenT 0]

If this is for real, you're going to need an attorney.

[mohammedbusra 0]

I was rreally surprised myself for it all started as soon as i got to the country.at the airport.now basically it's like i am stranded and I want to remain here but legally.I spoke to my sex yesterday and she said she was going to do a letter stating that I did not get married to her for immigration purposes and so it is.but I really doubt if she would do that for she never tried to talk to me at all.we got married in Nigeria in 2005 and we got divourced in the states in 2007.january to be exact.I spoke to her countless times on her decision to seek divorce but she refused to listen to me and i suspect that another man might be involved.she basically told me to forget about her and so I had to go on with my life.met someone else and we have been together for about 3months now and we are getting married pretty soon.so I never tried to take advantage of my ex. for you need to see all the names she caled me and which really surprised me.I even had a couple call her in indiana where she resides and she told them the reason why she was no longer interested is that she just fell out of love with me.and that is baffling cos how do you tell someone you logve him today and say you do not love him again tomorrow.all within 24hrs.

[lucyrich 20]

See the "effect of major family changes" forum.

Once the divorce is final, you can file an I-751 for removal of conditions. But in order for this to succeed, you must have plenty of evidence that the marriage was initially entered in good faith. If this is succesful, you will have a permanent green card, and you won't need to do any immigration paperwork regarding the second marriage.

If they judge your initial marriage to have been fraudulent, you will be facing a permanent bar. Marriage to another US Citizen won't help.

If they don't make a decision one way or another about your initial marriage, and you file immigration paperwork based on the second marriage, expect the second marriage to receive a lot more scrutiny than the first one did.

I'd suggest discussing the situation with a qualified immigration attorney or two, to assess your particular case, and figure out what the chances are of removal of conditions succeeding.

I don't know if you could even file for adjustment of status from conditional LPR status based on one marriage to conditional LPR status based on a different marriage, instead of just removing conditions. If you don't think the I-751 will succeed, you might have to abandon LPR status, go abroad, and start over with a new visa. But I'm thinking off the top of my head here. This is something to discuss with that immigration attorney you're going to see.

[Kez/JWolf 6]

If you did not file for AOS before you got divorced then you will not be able to file for AOS with a new wife... you will have to start over again...

Kez

[mohammedbusra 0]

If you did not file for AOS before you got divorced then you will not be able to file for AOS with a new wife... you will have to start over again...

Kez

If I start all over again,will I have to leave the country?

[JenT 0]

If you did not file for AOS before you got divorced then you will not be able to file for AOS with a new wife... you will have to start over again...

Kez

If I start all over again,will I have to leave the country?

Yes

[mohammedbusra 0]

See the "effect of major family changes" forum.

Once the divorce is final, you can file an I-751 for removal of conditions. But in order for this to succeed, you must have plenty of evidence that the marriage was initially entered in good faith. If this is succesful, you will have a permanent green card, and you won't need to do any immigration paperwork regarding the second marriage.

If they judge your initial marriage to have been fraudulent, you will be facing a permanent bar. Marriage to another US Citizen won't help.

If they don't make a decision one way or another about your initial marriage, and you file immigration paperwork based on the second marriage, expect the second marriage to receive a lot more scrutiny than the first one did.

I'd suggest discussing the situation with a qualified immigration attorney or two, to assess your particular case, and figure out what the chances are of removal of conditions succeeding.

I don't know if you could even file for adjustment of status from conditional LPR status based on one marriage to conditional LPR status based on a different marriage, instead of just removing conditions. If you don't think the I-751 will succeed, you might have to abandon LPR status, go abroad, and start over with a new visa. But I'm thinking off the top of my head here. This is something to discuss with that immigration attorney you're going to see.

I have evidences from people who knew of our relationship and when they spoke to her.I also have emails which we shared before I left my country and also a letter from someone who knew we were a couple and who tried to intervene on my behalf and how her attitude was.is that enough evidence?

[JenT 0]

See the "effect of major family changes" forum.

Once the divorce is final, you can file an I-751 for removal of conditions. But in order for this to succeed, you must have plenty of evidence that the marriage was initially entered in good faith. If this is succesful, you will have a permanent green card, and you won't need to do any immigration paperwork regarding the second marriage.

If they judge your initial marriage to have been fraudulent, you will be facing a permanent bar. Marriage to another US Citizen won't help.

If they don't make a decision one way or another about your initial marriage, and you file immigration paperwork based on the second marriage, expect the second marriage to receive a lot more scrutiny than the first one did.

I'd suggest discussing the situation with a qualified immigration attorney or two, to assess your particular case, and figure out what the chances are of removal of conditions succeeding.

I don't know if you could even file for adjustment of status from conditional LPR status based on one marriage to conditional LPR status based on a different marriage, instead of just removing conditions. If you don't think the I-751 will succeed, you might have to abandon LPR status, go abroad, and start over with a new visa. But I'm thinking off the top of my head here. This is something to discuss with that immigration attorney you're going to see.

I have evidences from people who knew of our relationship and when they spoke to her.I also have emails which we shared before I left my country and also a letter from someone who knew we were a couple and who tried to intervene on my behalf and how her attitude was.is that enough evidence?

Your attorney can help you with that.

[lucyrich 20]

If you did not file for AOS before you got divorced then you will not be able to file for AOS with a new wife... you will have to start over again...

Kez

If I start all over again,will I have to leave the country?

Yes

Oops, I missed the part about never having filed for AOS. The above is correct. If you never filed for AOS, and never got conditional green card status to begin with, then you can't file for removal of conditions. Also, since you entered as a K-3, you can't file for adjustment of status unless it's via a marriage to the same US Citizen who initially petitioned you.

You still should talk with that attorney, but it looks like your options are fairly limited. If you want the process to go smoothly with the second marriage, be sure you don't overstay your K-3 visa, or at least be sure you don't overstay it by 180 days or more, because that will trigger the 3 year bar. An overstay of a year or more will trigger a ten year bar.

[mohammedbusra 0]

it says that my visa expires 30 days after the marriage is dissolved but I do have a 2 year visa which expires in 2008.so since you are sayiing that I can stay longer than when the marriage got dissolved,what should I do?

[Robor007 0]

it says that my visa expires 30 days after the marriage is dissolved but I do have a 2 year visa which expires in 2008.so since you are sayiing that I can stay longer than when the marriage got dissolved,what should I do?

Talk to an expert in these situations - an immigration attorney.

[JenT 0]

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