Immigrant spouse on conditional Greencard divorced now and gonna remarry to US Citizen

Asked about 1 year ago - Redmond, WA

I am Immigrant spouse recently good faith marriage end in divorce. got Decree now. Going to re-marry another US citizen Spouse. My conditions on Temporary Green card is still not removed. time to file i751 is in dec 2013. What should I do to remove my condition on Green card? ADJUSTMENT or new Pertition?

Additional information

What if my second wife file i-130 petition for me and then how about filing I-145 by me before my legal status expires?
Please advice if that is an option. If yes I need your help to carry out the procedure

Attorney answers (6)

  1. Barbara A Marcouiller

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . You should file the I-751 with lots of evidence both that it was a bona fide marriage and also what happened that it ended in divorce. You will likely receive an interview. You should get a lawyer on this one. You need to discuss confidentially the history of the marriage, how/when you met the new person, why the marriage ended. Marrying someone else could be problematic for showing the prior good faith marriage. It all depends on the facts. Seriously, get a lawyer. This forum cannot respond adequately to your question.

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  2. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    Answered . File for a waiver of the joint petition to remove the conditions on your card with substantial proof that you entered the marriage in good faith.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Olubusayo Kikelomo Fasidi

    Contributor Level 10

    4

    Lawyers agree

    Answered . You cannot remove the conditions on your residency by filing a new petition or another adjustment of status application. Your only choice will be to file the I-751 with a good faith waiver, since you and your previous spouse are divorced.

    Answer provided is general in nature and based on the limited facts presented, it should not be construed as legal... more
  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  5. Kyndra L. Mulder

    Pro

    Contributor Level 20

    1

    Best Answer
    chosen by asker

    Answered . You have two choices. File a good faith waiver and adjust on your own. Or, you can start all over - I-130/I-485 through your new spouse once you are married.

  6. Lynne Rogers Feldman

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If you are now divorced, file the I-751 early with a copy of the divorce decree and lots of evidence that the original marriage was in good faith. You are requesting a waiver of the joint filing requirement and can self-petition for this.

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

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