I applied for I-751 (Removal of conditions) in March of 2005.. Got divorced and got remarried and in the process of 2nd divorce.

I filed for I-751 in Mar.'05 and I still haven't got approved or denied for it. Since then I got divorced in Jan.'07 and remarried in Aug.'07. I also had a child in Dec.'07. However, I do not if I should take my petition back or wait to hear from them. Now I am in the process of getting my 2nd divorce which should probably be finalized by Dec.'09. Both my 1st and 2nd wives were US citizens. I went to ask about my application but the officer told me that even they do not know and so they placed a query into the computer right in front of me on July of 2009. I now do not know what to do. I asked them before to but the only response I got was that it is in processing. My company requires me to travel and I have to keep get my passport stamped every time I need to travel.
Please advice.
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Answers (1)

Kevin Lawrence Dixler

Kevin Lawrence Dixler Avvo Pro

Contributor Level 7
If you filed a joint petition with your first wife and it remains unapproved, it 'should' be denied due to the divorce. It is unclear how close you were to your first wife. Also, how much documentation you have to prove that relationship was entered based upon a good faith relationship.

You need a decision on the first petition, but you have responsibility to update your record and notify the USCIS about your divorce. This should result in a denial, where the jointly filed I-751 is still pending.

Once the I-751 is denied, you must file a new 'I-751 self petition' and pay the fee, again. You will need to show proof of the marital relationship with your first wife. There will be skepticism, and perhaps an interview, unless you have a well documentation petition to the satisfaction of the USCIS. This often requires the assistance of an attorney.

If your I-751 is denied while you are out of the country, then the USCIS should parole you in for the purposes of proving your case before an immigration judge. However, if you don't have a self petition pending, this can delay a decision even longer.

It is conceivable, but unlikely, that your second marriage will help much at this point..

I strongly recommend that you schedule an appointment or teleconference with an experienced immigration attorney like our office.

The above is general information not meant to be legal advice. The above reply does not create an attorney-client relationship.
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