I-751 w/ waiver & Trump Presidency - New Marriage?

[AussieYo 3]

Hi all!
Almost two years ago I submitted my I-751 Removal of Conditions paperwork with the waiver form for individuals who divorced before the two year cut off. I just received an RFE for the divorce decree, I think this may be due to having sent in my judgment of dissolution which is an alternative to the divorce decree in California for more simplistic divorces. I will be clarifying this in my response.
 

I am, however, nervous that with this delay my application will now be processed during Trump's presidency which it appears will be marked by significant immigration reform leading to increases in denials. I imagine cases like mine, where the marriage didn't last the minimum required time of two years, would be some of the first to be denied.
 

My current partner and I have been together for over three years and are engaged and I am wondering if it would be wise getting married sooner rather than later as an additional protective measure?

[Crazy Cat 42,028]

**Moved to the Removing Conditions on Residency forum***

[OldUser 7,196]

24 minutes ago, AussieYo said:

Hi all!
Almost two years ago I submitted my I-751 Removal of Conditions paperwork with the waiver form for individuals who divorced before the two year cut off. I just received an RFE for the divorce decree, I think this may be due to having sent in my judgment of dissolution which is an alternative to the divorce decree in California for more simplistic divorces. I will be clarifying this in my response.
 

 

From your other thread, I remember you weren't 100% sure whether decree was sent because lawyer filed it?

Edited Friday at 08:23 PM by OldUser

[OldUser 7,196]

22 minutes ago, AussieYo said:

I imagine cases like mine, where the marriage didn't last the minimum required time of two years, would be some of the first to be denied.

There is no such required minimum time to be married. You're removing conditions based on marriage entered in good faith, which is allowed. Not all real marriages last long.

Edited Friday at 08:21 PM by OldUser

[OldUser 7,196]

26 minutes ago, AussieYo said:

My current partner and I have been together for over three years and are engaged and I am wondering if it would be wise getting married sooner rather than later as an additional protective measure?

You should only marry based on love. New marriage won't add any tangible protective measures. If USCIS doubts your first marriage or accuses you of fraud, they won't care about second marriage. They'll be insisting on proving your first marriage was real before approving anything else. You can't apply for another I-485 while you have conditional LPR status. Getting I-751 approved is the only realisitic path.

Edited Friday at 08:25 PM by OldUser

[Edward and Jaycel 380]

In most cases, USCIS processes petitions/applications by the rules and guidelines that were in place on the date that the form was filed

[AussieYo 3]

Thank you everyone! This was all incredibly helpful.

[JeanneAdil 6,606]

1st you are not from a high fraud country

2nd last reform bill passed by Congress in 2024 was to help legal immigrants

 

Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

 

Before that is was to help some undocumented persons

H.R.3194 — 118th Congress (2023-2024)

This bill establishes a path to citizenship for certain undocumented individuals

 

Trump proposals are listed on attorney site 

https://www.ibralaw.com/potential-immigration-policy-changes-under-trump/

 

which clearly shows Trump does not understand some US laws and rules

 

he wants military at the border and the following Posse Comitatus Act is in place which i guess he is just misunderstanding or has no clue about

 

Using the military to enforce immigration or criminal laws at the border could violate the Posse Comitatus Act, unless an exception applies. Using the military to enforce immigration or criminal laws at the border could violate the Posse Comitatus Act, unless an exception applies

 

Trump is asking for increeased Border Security and for the MPP to be enforced (MPP-people to remain in Mexico while case is being processed)

 

So look to Trump and Congress to go thru a faceoff with his suggestions as he can do police actions to protect the US and expect him to again do a ban (same as he did in past term)

[OldUser 7,196]

Just now, JeanneAdil said:

1st you are not from a high fraud country

2nd last reform bill passed by Congress in 2024 was to help legal immigrants

 

Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

 

Before that is was to help some undocumented persons

H.R.3194 — 118th Congress (2023-2024)

This bill establishes a path to citizenship for certain undocumented individuals

 

Trump proposals are listed on attorney site 

https://www.ibralaw.com/potential-immigration-policy-changes-under-trump/

 

which clearly shows Trump does not understand some US laws and rules

 

he wants military at the border and the following Posse Comitatus Act is in place which i guess he is just misunderstanding or has no clue about

 

Using the military to enforce immigration or criminal laws at the border could violate the Posse Comitatus Act, unless an exception applies. Using the military to enforce immigration or criminal laws at the border could violate the Posse Comitatus Act, unless an exception applies

 

Trump is asking for increeased Border Security and for the MPP to be enforced (MPP-people to remain in Mexico while case is being processed)

 

So look to Trump and Congress to go thru a faceoff with his suggestions as he can do police actions to protect the US and expect him to again do a ban (same as he did in past term)

How is I-90 relevant to OP?

I-90 is not something that can be filed instead of I-751.

[JeanneAdil 6,606]

14 minutes ago, OldUser said:

How is I-90 relevant to OP?

I-90 is not something that can be filed instead of I-751.

its not 

i was just pointed out the reforms 

should reassure here there is nothing to worry about as Trump and Congress are more  concerned with illegals 

[daru 12]

If I were you I would avoid remarrying before the I-751 is approved.

If it's denied and you're remarried and file stuff based on second marriage, your case will be looking a lot like it's a fraudulent one.

You're currently in the process of having a major immigration benefit assessed for your based on a certain relationship. That relationship didn't work out, but don't be too eager to move on from it while filing paperwork tied to it.

[OldUser 7,196]

2 hours ago, daru said:

If I were you I would avoid remarrying before the I-751 is approved.

 

Agree on this one. I'd let dust settle.

 

2 hours ago, daru said:

That relationship didn't work out, but don't be too eager to move on from it while filing paperwork tied to it.

I disagree with this. Staying in broken relationship for immigration benefit is pretty much fraud. If marriage is ending, divorce is a better and cleaner option.

[Family 4,113]

 

2 years ago ROC was filed with divorce waiver and divorce complete …mandatory 6 months in CA from filing.

 

3 years the length of new relationship. ..

Please humor me and either upload a redacted copy of the RFE or post a detailed list of what RFE is asking for..if they did not ask you for evidence of joint life /bona fides…go buy a lottery ticket 😂 You are sooo lucky.

 

Marry your new fellow…holding back won’t make the 1st marriage look any better or worse. 

 

Oh, and humbly pointing out USCIS is pretty  familiar with ALL types of Divorce Decree names …from the 50 States and globally as they get to decipher them daily.
 

Edited yesterday at 02:27 AM by Family

[daru 12]

33 minutes ago, OldUser said:

Agree on this one. I'd let dust settle.

 

I disagree with this. Staying in broken relationship for immigration benefit is pretty much fraud. If marriage is ending, divorce is a better and cleaner option.

By "don't be moving on" I don't mean "don't divorce", I mean "don't remarry".

I don't know how this flies with I-751 but I know that with I-360, remarrying is disqualifying.

In the eyes of USCIS, your qualifying relationship doesn't end with divorce but does end with remarriage.

Even if with I-751 a remarriage is not disqualifying (which I'm not certain of), it's going to be very frowned upon.