What happens after divorce under a temporary permanent residency?

[Redro 4,611]

26 minutes ago, sushiS2 said:

We got lucky and they didn’t ask us to attend the interview but requested the medical form to be sent to the field office and once we sent that over, the status changed to new card is being issued and I received my green card. And Like I said, my husband was nice and still didn’t want to end that process because he was sorry about what he did to me.

Unfortunately, you were not lucky to not have an interview. 

I believe USCIS will approve an AOS if you go to interview and inform them the marriage is in trouble BUT you are trying to work on the relationship.

Because you did not have an interview and USCIS was not updated about the status of relationship they might believe you only remained in the relationship for an immigration benefit....  (USCIS might suspect fraud when you ROC). 

Others can chime in about AOS being approved even when marriage is shaky... 

But, before you proceed can you answer the question @sushiS2 are you still residing with your STBX?

 

[Rocio0010 5,579]

I hope and pray you don’t take this personal, but watch how you word your situation, especially when dealing with USCIS. 👇

1 hour ago, sushiS2 said:

a husband that helped me through with that green card journey

This, to me, prima fasciae, sounded like you might have engaged in immigration fraud. Your soon to be ex husband, as @Timonasaid, has nothing to lose, but you might once USCIS revisits your timeline. And they do, especially when you file for 751, since you have to be truthful and honest about dates. If you were already separated when you got your first gc, then that first green card shouldn’t have been obtained in the first place. They might accuse you of “material misrepresentation”, ie lying to get an immigration benefit. Had they been made aware of the separation, they probably wouldn’t have issued the gc in the first place. 
Also, don’t answer if you feel it’s too personal, but what’s the rush in marrying your bf? 

[Rocio0010 5,579]

5 minutes ago, ROK2USA said:

I believe USCIS will approve an AOS if you go to interview and inform them the marriage is in trouble BUT you are trying to work on the relationship

Yes. In fact, there was a case here not long ago if I remember correctly, where an OP was planning on attending the interview and being honest about a shaky marriage. If I recall correctly, OP was approved. I see if I can find the thread.

[Happymallymute 50]

58 minutes ago, sushiS2 said:

Thank you for your reply.

So does that mean I don’t have to wait to file I-751 until 90 days before my current permanent residency card expires? and Did you get it approved even after the divorce as well?

I mean, I'm a citizen now so that answers your question. My timeline isn't as blurry as yours though...

[nastra30 2,287]

39 minutes ago, Family said:

# 3 is not an option. OP must file I-751 from current spouse and that marriage WILL be looked at with a magnifying glass…no matter how solid the new marriage is.

 

Won't Matter of Stockwell apply?

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20191121-CPRs-Stockwell.pdf
 
https://www.uscis.gov/news/alerts/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has
 
https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/3150.pdf
 

More details:
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

"G. Conditional Permanent Residents
In general, an alien granted lawful permanent resident status on a conditional basis[20] is ineligible to adjust status on a new basis under the provisions of INA 245(a).[21] Instead, conditional permanent residents (CPRs) must generally comply with the requirements of INA 216 or 216A to remove the conditions on their lawful permanent resident status.[22]
This bar to adjustment, however, only applies to an alien in the United States in lawful CPR status. In Matter of Stockwell (PDF),[23] the Board of Immigration Appeals adopted a narrow interpretation of the regulation implementing this adjustment bar,[24] stating that the bar no longer applies if USCIS terminates the alien’s CPR status.[25]
USCIS can terminate CPR status for reasons specified in INA 216 or INA 216A. [26] Although the immigration judge may review the termination in removal proceedings, the bar no longer applies upon USCIS terminating the CPR status; it is not necessary that an immigration judge have affirmed USCIS’ decision to terminate the alien’s CPR status before the alien may file a new adjustment application.
Therefore, under INA 245(a), USCIS may adjust the status an alien whose CPR status was previously terminated, if:[27]

The alien has a new basis for adjustment;

The alien is otherwise eligible to adjust;[28] and

USCIS has jurisdiction over the adjustment application.[29]

When seeking adjustment of status again, the alien may not reuse the immigrant petition associated with the previous CPR adjustment or admission. Therefore, the alien must have a new basis to adjust.
An alien seeking to adjust status again who was admitted as a fiancé(e) (K nonimmigrant) may only re-adjust based on an approved Petition for Alien Relative (Form I-130) filed by the same U.S. citizen who filed the Petition for Alien Fiancé(e) (Form I-129F) on his or her behalf.[30]
The alien must also be otherwise eligible to adjust status including not being inadmissible or barred by INA 245(c).
Adjudication and Decision
If the alien successfully adjusts status on a new basis, USCIS generally considers the date of admission to be the date USCIS approved the subsequent adjustment application.[31] Time spent in the prior CPR status does not count toward the residency requirement for naturalization purposes.[32]
If USCIS determines the alien is not eligible to adjust, USCIS denies the application.[33] USCIS officers should follow current agency guidance on issuing a Notice to Appear after denying the application.[34]"

 

Credit to @mindthegap

 

Edited September 6, 2022 by nastra30

[Family 3,988]

7 minutes ago, nastra30 said:

42 minutes ago, Family said:

# 3 is not an option. OP must file I-751 from current spouse and that marriage WILL be looked at with a magnifying glass…no matter how solid the new marriage is.

Won't matter of Matter of Stockwell apply?

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20191121-CPRs-Stockwell.pdf
 
https://www.uscis.gov/news/alerts/uscis-issues-guidance-on-adjustment-of-status-by-aliens-whose-conditional-permanent-residence-has
 
https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/3150.pdf
 

More details:
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

"G. Conditional Permanent Residents
In general, an alien granted lawful permanent resident status on a conditional basis[20] is ineligible to adjust status on a new basis under the provisions of INA 245(a).[21] Instead, conditional permanent residents (CPRs) must generally comply with the requirements of INA 216 or 216A to remove the conditions on their lawful permanent resident status.[22]
This bar to adjustment, however, only applies to an alien in the United States in lawful CPR status. In Matter of Stockwell (PDF),[23] the Board of Immigration Appeals adopted a narrow interpretation of the regulation implementing this adjustment bar,[24] stating that the bar no longer applies if USCIS terminates the alien’s CPR status.[25]
USCIS can terminate CPR status for reasons specified in INA 216 or INA 216A. [26] Although the immigration judge may review the termination in removal proceedings, the bar no longer applies upon USCIS terminating the CPR status; it is not necessary that an immigration judge have affirmed USCIS’ decision to terminate the alien’s CPR status before the alien may file a new adjustment application.
Therefore, under INA 245(a), USCIS may adjust the status an alien whose CPR status was previously terminated, if:[27]

The alien has a new basis for adjustment;

The alien is otherwise eligible to adjust;[28] and

USCIS has jurisdiction over the adjustment application.[29]

When seeking adjustment of status again, the alien may not reuse the immigrant petition associated with the previous CPR adjustment or admission. Therefore, the alien must have a new basis to adjust.
An alien seeking to adjust status again who was admitted as a fiancé(e) (K nonimmigrant) may only re-adjust based on an approved Petition for Alien Relative (Form I-130) filed by the same U.S. citizen who filed the Petition for Alien Fiancé(e) (Form I-129F) on his or her behalf.[30]
The alien must also be otherwise eligible to adjust status including not being inadmissible or barred by INA 245(c).
Adjudication and Decision
If the alien successfully adjusts status on a new basis, USCIS generally considers the date of admission to be the date USCIS approved the subsequent adjustment application.[31] Time spent in the prior CPR status does not count toward the residency requirement for naturalization purposes.[32]
If USCIS determines the alien is not eligible to adjust, USCIS denies the application.[33] USCIS officers should follow current agency guidance on issuing a Notice to Appear after denying the application.[34]"

@nastra30 thank you for the brain jolt. I now understand you meant a deliberate Termination of Status and re-adjusting via new spouse . Nonetheless, first marriage will be reviewed for fraud…

 

I have no hands on with strategic termination by not filing, but I like your creativity. OP however is not on solid ground.

And all these  blurry questions will pop up. Based on prior posts, OP was scheduled for interview Jan 2022,  in one state but moved w “ spouse “ to another state on 01/28/2022…but as she states she was already “ separated from spouse in February.

 

Additionally ,she received RFE for medicals during separation ( February) in new state and was advised by VJ that her interview will be waived….as late as March , 2022 according to the posts.

 

 

 

 

 

 

[Mike E 11,739]

2 hours ago, sushiS2 said:

    I am planning to file a divorce with a husband that helped me through with that green card journey!

This is rather odd wording. 
 

Did you meet your future spouse before or after you married your husband?

[nastra30 2,287]

8 minutes ago, Family said:

@nastra30 thank you for the brain jolt. I now understand you meant a deliberate Termination of Status and re-adjusting via new spouse . Nonetheless, first marriage will be reviewed for fraud…

 

I have no hands on with strategic termination by not filing, but I like your creativity. OP however is not on solid ground.

And all these  blurry questions will pop up. Based on prior posts, OP was scheduled for interview Jan 2022,  in one state but moved w “ spouse “ to another state on 01/28/2022…but as she states she was already “ separated from spouse in February.

 

Additionally ,she received RFE for medicals during separation ( February) in new state and was advised by VJ that her interview will be waived….as late as March , 2022 according to the posts.

 

 

 

 

 

 

100% agree with shaky-ness of first/current marriage and already made that clear. USCIS will definitely be scrutinizing it to the dot. My presumption is it's going to end up with immigration judge to decide. Op's trajectory looks like a case for a qualified attorney.

 

Edited September 6, 2022 by nastra30

[Letspaintcookies 2,310]

1 hour ago, Rocio0010 said:

Yes. In fact, there was a case here not long ago if I remember correctly, where an OP was planning on attending the interview and being honest about a shaky marriage. If I recall correctly, OP was approved. I see if I can find the thread.

As a K1, one can even get approved after separation as long as the sponsor is still willing to sign. I can't remember the 'matter of' but there is one.

Edited September 6, 2022 by Letspaintcookies

[Mike E 11,739]

2 hours ago, sushiS2 said:

My husband and I have been seperated for 8 months now, and I met my current boyfriend 4 months ago. My husband was nice enough to still help me out with the permanent residency journey, but he cheated on me so we couldn’t stay together.

In https://www.visajourney.com/forums/topic/775973-interview-scheduled-but-moving-after-advice-needed/ you wrote that you and your husband moved to Colorado ob January 28.  Closer to 7 months ago than 8 months ago?
 

Were you separated at the time you posted?

 

[nastra30 2,287]

6 hours ago, Mike E said:

In https://www.visajourney.com/forums/topic/775973-interview-scheduled-but-moving-after-advice-needed/ you wrote that you and your husband moved to Colorado ob January 28.  Closer to 7 months ago than 8 months ago?
 

Were you separated at the time you posted?

 

Op, based on this thread, you supposedly had an interview scheduled. Are you now saying USCIS eventually canceled this interview? Is that what you meant by got lucky?

[Daphne . 1,865]

OP closed their account 

[Timona 4,207]

Self delete..it's same update as the one directly above..

Edited September 6, 2022 by Timona

[Timona 4,207]

16 minutes ago, Daphne . said:

OP closed their account 

 

I hate when they leave us hanging...🤦🏽‍♂️🤷🏽‍♂️

[Ontarkie 14,223]

~~Thread locked to further replies. The OP has closed her account.~~