What do you think is safer and smarter to do in my situation: I'm divorced and remarried. Filed joint I-751 with my ex husband

Asked almost 2 years ago - San Francisco, CA

and it's still under review. Since i'm married can i just file new adjustment of status OR you think it's better and safer to file new I-751?

Attorney answers (5)

  1. Lisa A. Tehlirian

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . If your conditional Permanent Resident status is based on your marriage to your ex-husband, I would advise filing a new I-751 waiver based on being in a good faith marriage that terminated through divorce. I would advise consulting with an experienced immigration attorney to discuss your options in greater detail.

    Lisa Tehlirian, Attorney -- Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The jointly filed petition will be denied considering the divorce. You should file I-751 seeking waiver. However you should discuss your case with an experienced immigration attorney who will seek more information and advise accordingly.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You really need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Irene Vaisman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I think you should retain an attorney and go over all of your options with that person who will know all of the details and intricacies of your specific case).

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  5. David Dene Murray

    Contributor Level 14

    Answered . This is what happens when people believe the I-751 is so easy to fill out . . . the form is free online . . . and the instructions are clear on the USCIS web site. However, nowhere on the Internet does it give advice as to any particular situation. All matters involving immigration law require the expertise of experience immigration counsel, because this is your life, your ability to remain in the USA. I wonder if you realize that if your I-751 is denied you you will be subject to removal and your re-marriage, even to a US citizen will not remedy this? You should immediately withdraw your joint petition and refile with the proper designation of a good faith marriage filing single after divorce. You are lucky you are divorced, it your divorce were pending, there are huge complicating factors. The bottom line is, seek competent immigration counsel. As they say, "Don't try this at home."

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

Carl Michael Shusterman

How to Renew your Green Card

Renewing your Green Card, or Permanent Resident Card, is important. If you have an expired Green Card you may be denied re-entry into the United States. You could also be charged with a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,452 answers this week

3,214 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,452 answers this week

3,214 attorneys answering