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Immigration question: Removal of condition while divorced.

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 ?

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Attorney answers 3

Best Answer

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

Carl Michael Shusterman

Carl Michael Shusterman


Good answer



Thank you. I was just wondering why USCIS would get suspicious about me. I never benefited from the marriage. I have good salary and ex had nothing. We lived together and I was married for love, but ex cheated. I have it all documented - the cheating and also the threats of death verbal and in more than one email to our mutual friends "I'll kill him if he messes up my immigration". Does that look like something useful in my potential defense?


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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

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