Immigration question: Removal of condition while divorced.

Asked over 1 year ago - Seattle, WA

I am US citizen and I was married to a foreigner . After about year and a half , i caught my spouse cheating . I filed for divorce and the decree was issued before the removal of condition . My ex put me under duress ( death threats - I have it documented ) to join the removal of condition petition . Now my ex got the condition removed . But now I want to marry another foreigner . If I file another petition for the new person with USC IS , they may discover this issue . Two questions : What could be the consequences to my ex and me , if USC IS discovers that we were not married at the time of removal of condition ? Is it better to inform the USC IS about it , or wait and see what happens ?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . Once you are divorced, file form I-751 with the USCIS, and tell the truth. You must demonstrate that your marriage was for love, not just to get a green card.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Barbara A Marcouiller

    Pro

    Contributor Level 15

    4

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    chosen by asker

    Answered . I recommend you contact an attorney. The government does get suspicious when a U.S. citizen petitions for various foreign spouses, especially when not much time has passed in between. Apart from the potential proceedings to rescind your prior spouse's permanent residence, you could potentially be facing criminal charges of fraud, if you can't document the facts of the abuse. I highly recommend talking with an experienced attorney before doing anything, including before getting married again.

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  3. David Alexander Browde

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 1. None.
    2. Tell the truth in your new application.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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