New Marriage Prior To ROC

[winsh 1]

Hello

I need some guidance please. I have read the instruction guide for i751 but there are a few things I don't understand.

Background - I moved to the US in Feb., 2014, we got married in April and I filed for AOS and received a conditional 2 year green card in September. On the marriage side, being married hasn't been the same as what the long distance relationship and the occasional visits to the US was. We have decided to go our separate ways and we have both found someone new. Divorce case is pending and I proposed to my current girlfriend yesterday on her birthday. We hope to get married in February, 2016.

Now, my question is, in order to get the ROC on my green card application completed, I know I need to submit a waiver to indicate i won't be filing jointly(or am I wrong). What I do not understand is,

1. Will I be submitting evidence of the old or new relationship?

2. Is the i751 the right form to submit or do I need to go through the same process as I did with AOS?

PS - I intend to file ROC after the new marriage in February, 2016.

Please kindly share whatever info you have that can help me.

Thank you.

[Kastrs 723]

if your divorce is final prior to the time to file your ROC, then your divorce will act as the trigger for ROC and you will need to file as soon as your divorce is final

also your ROC is based on the bonifide nature of the marriage you used to enter the US

[winsh 1]

if your divorce is final prior to the time to file your ROC, then your divorce will act as the trigger for ROC and you will need to file as soon as your divorce is final

also your ROC is based on the bonifide nature of the marriage you used to enter the US

Thanks Kastrs. The divorce will be final sometime in October I think. Also, I understand ROC can only be submitted in 90 days to expiration of the green card. Are you saying I need to submit my application right after the divorce is final(October) even though 90 days to expiration is only sometime in May next year?

[TBoneTX 45,324]

*** Thread moved from Removing Conditions forum to the Effects of Major Changes forum, where similar issues are often discussed. ***

[Ralphtave 3]

Hello

I need some guidance please. I have read the instruction guide for i751 but there are a few things I don't understand.

Background - I moved to the US in Feb., 2014, we got married in April and I filed for AOS and received a conditional 2 year green card in September. On the marriage side, being married hasn't been the same as what the long distance relationship and the occasional visits to the US was. We have decided to go our separate ways and we have both found someone new. Divorce case is pending and I proposed to my current girlfriend yesterday on her birthday. We hope to get married in February, 2016.

Now, my question is, in order to get the ROC on my green card application completed, I know I need to submit a waiver to indicate i won't be filing jointly(or am I wrong). What I do not understand is,

1. Will I be submitting evidence of the old or new relationship?

2. Is the i751 the right form to submit or do I need to go through the same process as I did with AOS?

PS - I intend to file ROC after the new marriage in February, 2016.

Please kindly share whatever info you have that can help me.

Thank you.

Yes I agree with the previous post, filling a divorce-based I-751 early is generally a good thing. For starters, filing early could be perceived by immigration authorities (in their discretion) as a show of your good faith disposition to proceed diligently with the legal obligations of your immigration status. More importantly, the more recent the divorce justifying your waiver request is, the clearer and the more available the evidence you need to support your case might be. Not to mention that approval of an early I-751 filing would also allow you to obtain more quickly not just the benefit of a more secure permanent status but perhaps also some personal relief in terms of closure.

But, before deciding to file immediately (or to wait), you should consider first obtaining advice and assistance specific to the details of your particular case by speaking with an experienced immigration attorney as soon as possible.

[tuckin14 58]

Given the complexity of the situation, I'd get an attorney.

You can file the waiver I-751 anytime after you are divorced. You don't have to wait for the two years.

The new relationship is irrelevant. You have to show that you entered the first relationship in good faith. Keep in mind that if you are denied removal of conditions, you will likely end up being deported and never be able to get a new green card for any reason. Your new spouse cannot sponsor you.

[Sandra G. 5,048]

Given the complexity of the situation, I'd get an attorney.

You can file the waiver I-751 anytime after you are divorced. You don't have to wait for the two years.

The new relationship is irrelevant. You have to show that you entered the first relationship in good faith. Keep in mind that if you are denied removal of conditions, you will likely end up being deported and never be able to get a new green card for any reason. Your new spouse cannot sponsor you.

Your information is completely wrong.There is a difference between not able to prove bonafide marriage and a sham marriage. Thousands of people had the I751 and I-751 waiver denied, got married after the denial and had the new AOS approved, even when the person in removal, and when in removal the person has to show the court “clear and convincing” evidence that the marriage is a bonafide marriage, and request a bona fide marriage exemption under INA § 245 (e) (3); 8 C.F.R. § 204.2 (a) (1) (iii) and § 245 © (8) (iii) – (v).The INA Sec. 204 © states if the alien committed marriage fraud in a prior petition then the alien cannot have a form I-130 approved.

Edited August 12, 2015 by sandranj

[newacct 688]

Thanks Kastrs. The divorce will be final sometime in October I think. Also, I understand ROC can only be submitted in 90 days to expiration of the green card. Are you saying I need to submit my application right after the divorce is final(October) even though 90 days to expiration is only sometime in May next year?

Filing in the 90 days before is only for jointly-filed ROC. For cases where you are filing alone, you can file earlier.

[winsh 1]

Thank you all for your input. I appreciate it greatly.

[winsh 1]

Hello all,

So the divorce is now final and I am completing my form i751. My questions at this point are;

1. Since I am filing alone, do I leave the spouse part of the form empty or do I ask her to fill that part and sign to?

2. Do I have to have a cover letter?

Thanks in advance.

[Darnell 8,478]

no, no prior spouse signature.

a cover letter is always useful.

you are ticking the 'divorced' tick box on the form, yes?

[winsh 1]

no, no prior spouse signature.

a cover letter is always useful.

you are ticking the 'divorced' tick box on the form, yes?

Yes I am. thanks.