Removal of Condition but no longer with her petitioner!

[TexaswithLove 0]

I would like to raise a question on behalf of a mutual friend inquiring a solution to this matter.

An individual arrived to the US under a K1 visa and got married within the 90 days time frame. After  16 months requested for a divorce due to emotional and verbal abuse. Also, a "rape attempt"  from a family member of her spouse but no reports were made. An agreement was made between the couple that if he paid her $10k she would not bring his illegal whereabouts to light. The man filed for divorce after he processed her request for adjustment of status in order to receive her conditional green card. Upon receiving the green card, she flew to her home land and stayed there for 90days. Then, she flew back to a different state using her conditional green card. Sixty to 90 days later, she decided to remarry  a soldier after receiving a copy of her divorce decree. The  conditional visa will expire  120 days after their relocation to another state.

 

My question's are:

1.) What will happen to this person?

2.) Will her new spouse be able to save her from this situation?

3.) How does she go about with her Removal of Condition?

[JFH 12,190]

*~*~*moved from "removing conditions" to "effects of major family changes" where similar topics are discussed*~*~*

Edited September 24, 2017 by JFH

[geowrian 22,337]

4 minutes ago, TexaswithLove said:

1.) What will happen to this person?

2.) Will her new spouse be able to save her from this situation?

3.) How does she go about with her Removal of Condition?

1. She needs to file for ROC before her current green car expires. Since she has a final divorce decree, she can do so at any point before it expires. She can do ROC fine if she can show that she entered into the marriage in good faith.
2. The new spouse can't "save" her from anything...she needs to prove that she entered into the previous marriage in good faith. Arguably, it will be more difficult having a new spouse so soon (although him initiating the divorce is better IMO).
3. File form I-751. Guide: http://www.visajourney.com/content/751guide

[TexaswithLove 0]

Btw, she started chatting with the new husband while she was still married with original petitioner😧 that's a red flag already.

[geowrian 22,337]

11 minutes ago, TexaswithLove said:

Btw, she started chatting with the new husband while she was still married with original petitioner😧 that's a red flag already.

That it is (and I kinda assumed there was more going on with the timeline ). It's not a cause for a denial, but it's 1 factor they are likely to consider..

[NikLR 13,227]

They don't care if you cheated.  They care if you entered the marriage in good faith.  With a very short marriage, this will be difficult to provide evidence for.  She should join herself with questions. 

[mindthegap 2,590]

7 hours ago, TexaswithLove said:

1.) What will happen to this person?

If she fails to file an I-751, termination of lawful permanent resident status.

If she files the I-751 with a divorce waiver, either approval and issuance of a 10yr card - subject of course to evidence of bona-fide-ness being provided to the required standard - or a denial.

 

7 hours ago, TexaswithLove said:

2.) Will her new spouse be able to save her from this situation?

Her I-751 is concerned with the marriage to the USC who she gained permanent residence from. The fact that she has a new spouse is largely irrelevant. 

 

 

7 hours ago, TexaswithLove said:

3.) How does she go about with her Removal of Condition?

The same way as anyone else - instructions and form HERE , making sure that the waiver box is ticked, and a copy of the final divorce decree is enclosed. Once a waiver is requested, the USC spouse is not involved in the process, and should an interview be scheduled, will not be required to attend.

 

 

6 hours ago, TexaswithLove said:

Btw, she started chatting with the new husband while she was still married with original petitioner😧 that's a red flag already.

Marriages break down, and USCIS are well aware of this, and for the most part they really couldn't care less why.

Who actually filed the initial divorce papers would be more relevant (and indeed, was specifically asked and noted in my interview) rather than who did what to who and why.