A little background info - I obtained my green card through my first marriage. After applying for my i751 and sending in all the required supporting documentation and evidence, I separated and divorced. During our separation, I received a notice requesting for more evidence, of which I have nothing new, other than pictures. I have since remarried and re-applied for all the necessary petitions. I also sent a request to withdraw from my i751.
What's happening now - My i130 for my current marriage is approved but my i485, petition to adjust status, can't be approved because I'm still considered a resident, therefore there's nothing to 'adjust'. What can I do?
You made a mistake by filing an I-485 based on your second marriage. You should have amended your I-751 to indicate that you entered your first marriage in good faith, but it ended in divorce. It appears that, instead, you requested to withdraw your I-751. I strongly suggest that you consult with an immigration attorney immediately, to try to fix the errors, to avoid future potential errors, and to have the best chance of success. Best of luck.
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You should contact an attorney. I do not understand how you could still be a resident. When you withdrew your I-751, your residence status should have been revoked.
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First, this is not true that there is nothing to adjust. Second, you said you withdrew your I751 which was a huge error if the first marriage was not spurious. You have committed several errors which inevitably lead to this mess. Here is my suggestion - hire an experienced immigration attorney. Time has come. This will save you money, aggravation and frustration in the long run. There are several REALLY good FL immigration attorney participating here on AVVO. All you need is to look.
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Please work with an immigration lawyer. Your situation is a complicated one and it would be necessary to conduct a comprehensive assessment of your immigration history and the bona fides of your marriage. Also, you have to be guided on the correct procedure.
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You should not have withdrawn your I-751 without filing a new I-751 requesting a waiver of the joint petition requirement based on good faith. The USCIS cannot entertain your adjustment of status on a new basis unless your CR status has been terminated.
As you have found out, you simply can't reapply to avoid the I-751 issue altogether except in limited circumstances. Since you withdrew your I-751 then your status has automatically been terminated since it as though you never filed the I-751 to begin with. Whether this means that you will need to appear before the Immigration Court cannot be determined from these facts.
Consult with an experienced immigration attorney who can review the facts of your case in detail and advise you what needs to done to resolve your situation and the best way to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
Hello. First, there is an issue of whether your conditional residence was terminated. Under Section 216 of the Immigration and Nationality Act, you may not adjust your status if your conditional residence has still not been terminated. So maybe that is the problem. Second, in order to provide you complete advice on your case, I would need to review your case. Please obtain a full consultation from an experienced attorney. Best regards.
The good news is your case is manageable. The bad news is you are digging a deeper hole for yourself and eventually you are not going to be able to get out of it. Your actions make your marriage(s) suspicious - that you may be entering into them in order to obtain a green card. I suggest you retain an experienced immigration attorney to clean this up for you and do everything properly.