Visa, Divorce and New Love!

[Steve81 0]

Hi All,

 

I have done some reading on the topic, but as everyone has a different situation, I thought I would outline mine in an effort to receive some advice and, maybe easy my worries. At the very least, it would be great to have some idea of what will happen in the coming months. 

 

I am from Ireland and entered the US under ESTA Visa Waiver on August 1st 2014. I married my Wife (a US citizen) December 2014 and applied for my green card visa (I-130) in May of 2015. I was successful and received my temporary green card in November of 2015.

 

I applied for the restrictions to be removed from my card (I-751) in October of 2017. At this point I have been granted a six month extension past November 2018 as the system is very back logged.

 

Long story, short; my Wife and I decided to get a divorce and have filed last month at the end of September 2018. My question is, or course, what happens next??

 

The marriage was enter in good faith, but, to be honest with you, was never really a success! The details do not matter, but about a year in to the marriage she took a job which took her over seas for a year. Our marriage, which was already rocky, did not survive this year. We tried to make it work though and the good news is that we stayed together until almost a year after I sent in the I-751 form. The evidence we sent is was also pretty good. Around 100 photos, tax returns, joint account, credit cards, insurance, ect. I even went out to visit her in Europe and have evidence from that. The only big thing missing was a lease. I was not on hers as the Landlord did not know I was living there. 

 

The first questions I have is, how do I got about telling USCIS that I am divorced? Should I wait and see if they ask for more evidence, or should I be upfront? Most likely the latter.

 

On to the second part of my story!

 

Life takes all sorts of twist and turns, does it not? I have fallen in love with a women (a US citizen) I met over four years ago when I first moved to the US. We were introduced through mutual friends the first month I moved here. While we were always friendly, there was never anything more too it. When things fell apart with my Wife, we discovered that there was more to our friendship. A lot more!

 

We are very much in love and we are going to get married. Where would a second marriage leave me, in regards to a Visa? Assuming my current application is not successful, can I reapply once I am married to my girlfriend? Can that be done from the US? 

 

I feel at this point, leaving the US, even for a vacation would be quite a risk to my immigration status. I intent to try and stay here and get everything nice and squared away with my new partner.

 

 Any questions you can answer or any advice or tips will be greatly received.

[geowrian 22,337]

12 minutes ago, Steve81 said:

The first questions I have is, how do I got about telling USCIS that I am divorced? Should I wait and see if they ask for more evidence, or should I be upfront? Most likely the latter.

Normally you would inform them via letter once the divorce is finalized stating that you want to switch to a divorce waiver, along with providing a copy of the final divorce decree.

This can also be done at the interview (if you get one), although I tend to err on letting them know sooner rather than later.

 

12 minutes ago, Steve81 said:

Where would a second marriage leave me, in regards to a Visa? Assuming my current application is not successful, can I reapply once I am married to my girlfriend? Can that be done from the US? 

No visa needed...you just need to complete ROC as noted above. Your permanent residency is not tied to your former marriage.

Edit: if your ROC petition is denied, you can refile until an immigration judge revokes your permanent residency. Technically I guess you could apply for AOS or or an immigrant visa, but with having therm determined that a former marriage was fraudulent (as would likely be the case if they denied ROC unless there was an inadmissibility involved or you just abandoned the process), I would not expect any such attempt to go very far.

 

12 minutes ago, Steve81 said:

I feel at this point, leaving the US, even for a vacation would be quite a risk to my immigration status. I intent to try and stay here and get everything nice and squared away with my new partner.

No entry of a non-USC is guaranteed, but so long as you have proper documentation (green card + extension letter, OR a valid I-551 stamp) then there shouldn't be an issue.

Edited October 6, 2018 by geowrian

[Steve81 0]

3 minutes ago, geowrian said:

No visa needed...you just need to complete ROC as noted above. Your permanent residency is not tied to your former marriage.

Thank you for your reply. I'm not sure I understand this point.

 

What I was asking is, if my current application is denied, can I make a new application on my second marriage? As in, can I go back to square one with my new marriage? 

3 minutes ago, geowrian said:

 

 

[geowrian 22,337]

Just now, Steve81 said:

Thank you for your reply. I'm not sure I understand this point.

 

What I was asking is, if my current application is denied, can I make a new application on my second marriage? As in, can I go back to square one with my new marriage?

See my edited response above...I edited it to try to clarify things before seeing this comment.

[geowrian 22,337]

The long and short of what I'm saying is you will need to show that you entered into the former marriage in good faith. No way around this, even if petitioned by a new spouse.

[Steve81 0]

17 hours ago, geowrian said:

The long and short of what I'm saying is you will need to show that you entered into the former marriage in good faith. No way around this, even if petitioned by a new spouse.

 

Thank you for your replies.  Seems to me like I have to hear back from them before I can make my next move