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

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?

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


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.

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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. This reply does not create an attorney/client relationship.

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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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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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 counsel and does not establish an attorney/client relationship with Olubusayo Fasidi. If you need more information based on response please call 713-954-4873, to schedule a comprehensive case review.

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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

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

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