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VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

kiril80
Hi fellas,
I have complicated situation here...
I got married and then (to cut long story short)we divorced afterwards but before removal of conditions(I-751)...then I had to file a waiver based on abuse becasue at that time my divorce still was in process...but what if I get divorced while still pending for USCIS to process my case?...my question is...what If I really love someone else and want to marry again?do I have to wait for another year(almost I think thats how long it takes right?)until my old petition has been adjudicated or I can cancel that and file new one based on my new marriage(also USC)....so confused..please someone help...I would really appreciate any inputs on this one!thanks and have a blessed day...
Romabell
QUOTE(kiril80 @ Jun 30 2008, 08:02 AM) *
Hi fellas,
I have complicated situation here...
I got married and then (to cut long story short)we divorced afterwards but before removal of conditions(I-751)...then I had to file a waiver based on abuse becasue at that time my divorce still was in process...but what if I get divorced while still pending for USCIS to process my case?...my question is...what If I really love someone else and want to marry again?do I have to wait for another year(almost I think thats how long it takes right?)until my old petition has been adjudicated or I can cancel that and file new one based on my new marriage(also USC)....so confused..please someone help...I would really appreciate any inputs on this one!thanks and have a blessed day...


You do not have to wait, you can marry anytime. The problem is, that the new marriage will terminate your current green card-holder status and you will have to start the process all over again by applying for a conditional green card. As long as I know, you will have to wait for your new green card at your home country, which sometimes takes about one year. The other way is to hire a good immigration lawyer and try to stay here while waiting for the green card. Good luck!
diadromous mermaid
QUOTE(Romabell @ Jun 30 2008, 05:17 PM) *
QUOTE(kiril80 @ Jun 30 2008, 08:02 AM) *
Hi fellas,
I have complicated situation here...
I got married and then (to cut long story short)we divorced afterwards but before removal of conditions(I-751)...then I had to file a waiver based on abuse becasue at that time my divorce still was in process...but what if I get divorced while still pending for USCIS to process my case?...my question is...what If I really love someone else and want to marry again?do I have to wait for another year(almost I think thats how long it takes right?)until my old petition has been adjudicated or I can cancel that and file new one based on my new marriage(also USC)....so confused..please someone help...I would really appreciate any inputs on this one!thanks and have a blessed day...


You do not have to wait, you can marry anytime. The problem is, that the new marriage will terminate your current green card-holder status and you will have to start the process all over again by applying for a conditional green card. As long as I know, you will have to wait for your new green card at your home country, which sometimes takes about one year. The other way is to hire a good immigration lawyer and try to stay here while waiting for the green card. Good luck!



Romabell, no insult intended, but are you citing US immigration protocol or some other country's protocol? The information you shared is as far from the truth, for US immigration, as one could get!
diadromous mermaid
QUOTE(kiril80 @ Jun 30 2008, 08:02 AM) *
Hi fellas,
I have complicated situation here...
I got married and then (to cut long story short)we divorced afterwards but before removal of conditions(I-751)...then I had to file a waiver based on abuse becasue at that time my divorce still was in process...but what if I get divorced while still pending for USCIS to process my case?...my question is...what If I really love someone else and want to marry again?do I have to wait for another year(almost I think thats how long it takes right?)until my old petition has been adjudicated or I can cancel that and file new one based on my new marriage(also USC)....so confused..please someone help...I would really appreciate any inputs on this one!thanks and have a blessed day...


Your current pending I-751 petition will continue in process, and at some point in time, you might be asked to demonstrate the bonafide nature of your former marriage. Remarrying has no impact on the benefits you might be awarded through the former US citizen petitioner. Remarrying does become unwise, if the alien enters into this subsequent marriage if he or she is already in removal proceedings (removal, as in deportation, not as in removing of conditions, that is).
kiril80
QUOTE(diadromous mermaid @ Jun 30 2008, 06:56 PM) *
QUOTE(kiril80 @ Jun 30 2008, 08:02 AM) *
Hi fellas,
I have complicated situation here...
I got married and then (to cut long story short)we divorced afterwards but before removal of conditions(I-751)...then I had to file a waiver based on abuse becasue at that time my divorce still was in process...but what if I get divorced while still pending for USCIS to process my case?...my question is...what If I really love someone else and want to marry again?do I have to wait for another year(almost I think thats how long it takes right?)until my old petition has been adjudicated or I can cancel that and file new one based on my new marriage(also USC)....so confused..please someone help...I would really appreciate any inputs on this one!thanks and have a blessed day...


Your current pending I-751 petition will continue in process, and at some point in time, you might be asked to demonstrate the bonafide nature of your former marriage. Remarrying has no impact on the benefits you might be awarded through the former US citizen petitioner. Remarrying does become unwise, if the alien enters into this subsequent marriage if he or she is already in removal proceedings (removal, as in deportation, not as in removing of conditions, that is).

Thank you so much Diadromous,
Here in the forum sometimes people really been mislead by people with lack of deep knowledge about legal steps and still they share....but at least they share star_smile.gif ...so intention to help people is good but still it may harm...but I really thank you for your sincere advice....do you know where people share their actual interview(for removal of conditions on the basis other than goodfaith marriage)experience..is it somewhere in this forum?I couldn't find it...because..for this situation I think atleast I need a consultation with good immigration lawyer...anyway...thanks a bunch and have a good day.
mooninlove
QUOTE(kiril80 @ Jun 30 2008, 05:02 AM) *
Hi fellas,
I have complicated situation here...
I got married and then (to cut long story short)we divorced afterwards but before removal of conditions(I-751)...then I had to file a waiver based on abuse becasue at that time my divorce still was in process...but what if I get divorced while still pending for USCIS to process my case?...my question is...what If I really love someone else and want to marry again?do I have to wait for another year(almost I think thats how long it takes right?)until my old petition has been adjudicated or I can cancel that and file new one based on my new marriage(also USC)....so confused..please someone help...I would really appreciate any inputs on this one!thanks and have a blessed day...



The I-751 that you filed continues unless you filed jointly then got divorced while pending. Then that's the time, I believe that you have to re-file your I-751 waiver.You have to submit the final decree with your I-751 along with the other requirements. Your new marriage to the USC can't take over in filing your I-751. I got married while my 751 waiver is pending, but of course I submitted the necessary req'ts, I received an RFE and got approved in days. You have to provide proof of your bonafide marriage and you'll be ok.
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