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Remarriage before expiration of conditional green card?

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.

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?

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Attorney answers 3

Posted

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 provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

Asker

Posted

Like I said above this isn't about me so there's no one I personally need to contact. Just helping the victim here trying to see the situation from a lawyer's perspective. Should also mention that the immigrant took the wife to court for fake abuse, but the judge did not make that permanent, so that won't really help him in court right especially that the family law judge did not waste time in looking at his false statements.

Harry Asatrian

Harry Asatrian

Posted

If its not an immigration issue, why post it here.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Too suspect, something is not right here.

Asker

Posted

Yup! Thanks for the confirmation of this.

Posted

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.

Asker

Posted

It was the USC wife who notified the immigration services about the finalization of the divorce and sent them the divorce decree herself. The immigrant simply did not file the I-751 and jumped into a new marriage before the conditional status expired with the 1st wife. So the immigration is aware of the dissolution except that it's the USC wife who notified them. Does this still make a difference or change what you have written above? Thank you sir.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Too suspect.

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois