Remarriage before expiration of conditional green card?

Asked 10 months ago - New York, NY

Does getting married again 3 weeks prior to the expiration of conditional 2-year green card looks suspicious to the USCIS as well as to the Immigration judge? The individual was married to a US citizen who filed for divorce claiming that she was being used for immigration purposes immediately after the immigrant received the conditional green card. The divorce finalized and right before the expiration of the status with the 1st wife, the immigrant entered into a marriage with a woman who is approximately 10+ years older than the immigrant. Please note that this isn't about me. There was no I-751 waiver filled through the 1st marriage and the immigrant entered into the US on a tourist visa and married the 1st wife after a month, so both marriages were entered in about a month's time.

Additional information

Will these nuances be taken into consideration by the immigration court in case this case goes to immigration court eventually? Are judges keen on looking at the dates and the evolution of the relationships?

Can you also say if a potential fraud finding by the immigration services will be taken serious by the immigration judge him/herself?

Attorney answers (3)

  1. Harry Asatrian

    Contributor Level 15

    2

    Lawyers agree

    Answered . Suspicious, at best. Contact an immigration attorney before it gets even more complex and problematic than it already is...

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information... more
  2. Ralf D. Wiedemann

    Contributor Level 18

    2

    Lawyers agree

    Answered . You say that there was no I-751 waiver filed. However, if no I-751 waiver was filed and the immigrant has not alerted the USCIS of the dissolution of that marriage, then even if the I-751 is eventually approved it (and the new green card) will be invalid. If no I-751 was filed at all, then the immigrant is out of status and deportable once the 2-year green card expires. This person should consult with an immigration attorney immediately.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes, it does. I would definitely suggest the person in question to discuss all case specifics with a reputable licensed immigration counsel in confidence.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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