Hello everyone, I am new to this board but I have a few questions and am hoping that someone might be able to help me. I am involved with a woman that came to the United States on a K1 with another man. After almost one year, the relationship fell to pieces and they are currently separated. As of now, we are involved in a realtionship and most ties are cut with her husband. She informed me that she now wants a divorce with him. If she was to divorce him and then marry me, how would that affect the situation when she goes to file the I-751 waiver?? Her first marriage was bonafied and she has all the necessary paperwork to prove that it was not a sham marriage. I guess the main question that I have is what will happen if she divorces him and then goes about the process with the waiver? Additionally, if me and her had a child together in the near future, would that affect the decision of the INS? Any help would be greatly appreciated as we are both very confused and she is obviously scared of being deported. Thanks in advance to anyone that would be willing to help me.

She can apply for removal of conditions without her husband. However, she will still have to present evidence that it was a bona fide marriage as well as the divorce decree. She has a limited window in which to apply for removal of conditions and it would probably help if the divorce is finalized before hand.

It's true that if she is divorced she can file a waiver to Remove Conditions on Residency, but only if she received Permanent Residency to begin with. You mention that the marriage fell apart within a year. Did she and her former US citizen husband successfully adjust status?

As of now, she is still married to him. The issue that we are running into is that if she divorces him and files the waiver to remove her conditions, will it get approved or not. All she has right now is the 2 year GC that expires in October of next year. I am not exactly sure what you mean by adjusting status.

Adjustment of status is part of the whole K1 visa process, it takes place after the fiancee moves to the US, and gets married. It changes the status of the finacee from a non-immigrant alien to a permanent resident with conditions. If she already has a green card, she has already done this. If she is going to apply for removal of conditions, she needs to do so in the 90 days before her green card expires or she will fall out of status and could be deported. In order to do that in her situation, she may need to finalize a divorce before applying for removal of conditions on her own.

None of us has a crystal ball, but if, as you say, her marriage was bonafide, then there really should be no reason for the application to remove conditions to be denied. She will need evidence to support her contention...Look in the I-751 Guides on VJ for a list of the sort of evidence she could provide.

If her GC expires in October 2008, then it appears that she only just received it (Oct 2006). What USCIS will be looking for is evidence from the successful adjustment of status time frame until the alien and US citizen spouse part ways. I wonder how much evidence she could have amassed in such a short time. Noneltheless, once she finalises her divorce she can apply right away. No need to wait until the joint filing deadline for the I-751.