USA VISA on Marriage

[intimate 0]

Hello everyone,

 

Greetings.

th

I was married to US citizen girl and divorced. I was holding temporary US green card which was expired now. Still i will get visa if got married to US citizen? do i have to cancel my previous file to file my new application or they will continue my old file/

[TNJ17 1,329]

My understanding is if you didn’t stay married to that same person until you removed conditions and got the 10 year greencard, you’ve lost all privileges and if you wish to stay you have to start the process over again if it’s to another person. I’m not so sure how that works. 

[CheeseMonstah 87]

11 minutes ago, TNJ17 said:

My understanding is if you didn’t stay married to that same person until you removed conditions and got the 10 year greencard, you’ve lost all privileges and if you wish to stay you have to start the process over again if it’s to another person. I’m not so sure how that works. 

I believe you're right. The conditional green card is tied to the person married. If the marriage dissolves before the conditions are removed, the GC is then not valid (unless for certain special circumstances).

 

If you got married again, you'd have to start the process all over. But I'm not sure you can stay in the US without a visa or valid GC in the meantime.

[JR loves JR 196]

Both of those prior posters are wrong. If you can prove that your marriage was in good faith, you can file to remove conditions from your green card anytime before it expires. The shorter the marriage, the more proof you need but it's do able. 

Is your green card still valid or has it expired? If it's expired, I believe that then you have no legal path to stay.

[CheeseMonstah 87]

1 minute ago, JR loves JR said:

Both of those prior posters are wrong. If you can prove that your marriage was in good faith, you can file to remove conditions from your green card anytime before it expires. The shorter the marriage, the more proof you need but it's do able. 

Is your green card still valid or has it expired? If it's expired, I believe that then you have no legal path to stay.

Like I said, under special circumstances!  

[TNJ17 1,329]

10 hours ago, JR loves JR said:

Both of those prior posters are wrong. If you can prove that your marriage was in good faith, you can file to remove conditions from your green card anytime before it expires. The shorter the marriage, the more proof you need but it's do able. 

Is your green card still valid or has it expired? If it's expired, I believe that then you have no legal path to stay.

The reason I said he can’t now is because he said his 2 year gc has expired. So he can’t. 

[CheeseMonstah 87]

2 minutes ago, TNJ17 said:

The reason I said he can’t now is because he said his 2 year gc has expired. So he can’t. 

You're right. According to USCIS page:

 

A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

 

So seems OP is out of luck, and must now leave the US. If he ever gets married to another US Citizen, he could re-apply.

[TNJ17 1,329]

3 minutes ago, CheeseMonstah said:

You're right. According to USCIS page:

 

A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

 

So seems OP is out of luck, and must now leave the US. If he ever gets married to another US Citizen, he could re-apply.

I see so many people on this forum waiting for things to expire. I’m sorry to be blunt, but that is not a smart move. Why wait for things to expire? When you start an immigration process, regardless of what process it is, you know there are deadlines, rules to follow, and lots of money involved in order to get it all right. Why risk it? When you lose that, you need to start all over again, and waste more time, spend more money. That’s just stupid. Whatever the current situation, the biggest priority is to stay legally. Everything else will fall into place after all that’s taken care of. In the case of this poster, he could have easily not had any problems had he filed for removal of conditions before it expired. Sometimes I think people think that they can fix things if they only talk to someone, or want it. I’m sorry but that’s not how things work in the US. The government doesn’t care about your situation, if you didn’t follow the rules, you are done. No exceptions. That’s just the law. Don’t chance it. Especially now under the current White House administration where everything and everyone is at risk for something. 

[CheeseMonstah 87]

59 minutes ago, TNJ17 said:

I see so many people on this forum waiting for things to expire. I’m sorry to be blunt, but that is not a smart move. Why wait for things to expire? When you start an immigration process, regardless of what process it is, you know there are deadlines, rules to follow, and lots of money involved in order to get it all right. Why risk it? When you lose that, you need to start all over again, and waste more time, spend more money. That’s just stupid. Whatever the current situation, the biggest priority is to stay legally. Everything else will fall into place after all that’s taken care of. In the case of this poster, he could have easily not had any problems had he filed for removal of conditions before it expired. Sometimes I think people think that they can fix things if they only talk to someone, or want it. I’m sorry but that’s not how things work in the US. The government doesn’t care about your situation, if you didn’t follow the rules, you are done. No exceptions. That’s just the law. Don’t chance it. Especially now under the current White House administration where everything and everyone is at risk for something. 

Indeed. When I got my conditional GC, I remember hearing and seeing lots of warnings about not letting it expire and to file to remove conditions 90 days BEFORE expiration, otherwise I'd be SOL. Seems OP didn't heed these warnings.

[CheeseMonstah 87]

From USCIS:

 

If You Are Late In Applying To Remove The Conditions On Residence

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

• Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
• You will receive a notice from us telling you that you have failed to remove the conditions
• You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.