Hello. I have a question(s) regarding marriage to a woman who is here on a I-129F. She is going to be filing for a divorce from her husband, hopefully it will be done in 2-3 weeks (they both agree). I meet this woman a few months ago and and over the course of this time we have both fallen in love with each other.
Here is her time line:
Came here and married July 2005 I-129F
Has to file I-751 in December 2007
Her divorce should be final March-April 2007

Can we get married after her divorce and file her 751 jointly or does she need to file a self petition check "D" on the 751. She met with a divorce lawyer today and he told her she can't remarry till after she files the 751. Does any one have any experience with this. Sorry if this has been asked before, I did a search and after hours gave up as I could not find what I was looking for.

I should add, she was unhappy in her marriage before I ever met her. Her husband lied to her, he verbally abuses her and kicks her out all the time. She has finally had enough but he has her afraid of getting deported. After we met I found this site and I have been able to reassure her that he status here will be fine if they get a divorce. I don't want anyone to think that that I was the cause of their marital problems.

unfortunately, it sounds like you had a hand in their impending divorce. and if she's been meeting with you and developing feelings for you while married to him, i'm having a difficult time faulting him for kicking her out. think long and hard before jumping into the fire with this woman as you might be just an opportunity for her.

oddly enough...I agree with you Charles.

You and she can get married, as soon as she is legally able to marry. Immigration doesn't dictate who can and cannot marry, although certain alien benefits can be impacted by a marriage, not in this situation. You and she cannot jointly file to remove the conditions placed on her permanent residency. She would be required to self-petition, by filing a waiver of the joint filing requirement. Remember, the residency she has, conditional or otherwise, was conferred to her by virtue of her marriage to the current spouse. Therefore, immigrant benefit, current and future, is relative to that marriage and not a subsequent one at this point.

Well I may of had a hand in implementing her divorce, but you know that does not give him the right to verbally abuse her, threaten her and the biggest thing for her is he lied to her with the promise of having children...he is 60 and can't have children. Considering he has been married 3 other times I really question just how much of a hand I had in it. He keeps her as a kept woman, she has to give him her whole check, he would not let her get a drivers license, can not have friends, she had no key to their house and well controlled everything she did. The issue before her is a tough one, she has no bills in both their names, he keeps the tax returns under lock and key so her having documentation showing it was a bonified marriage is going to be fairly hard...

Diaddie mermaid, thank you for the answer. That is what I was looking for. I am happy that we can get married. As i just stated, documentation is going to be tough for her but I think she will be able to pull it off. She is such a sweet woman and it just brings tears to my eyes to know that she could end up getting deported due to the lack of documentation.

Get creative and read tons on this topic. I highly recommend the group alt.visa.us.marriage-based for ideas on showing a co-mingled life.
Bills don't have to be in both name and can still show the same address.

The tax returns are hers as much as his; she can phone the IRS for copies of her tax transcripts.

Deportation is a long way away; it doesn't happen overnight or without opportunity to fix the problem.

I will take your advice meauxna. I will check out the news groups you listed. I will tell her to find some bills to him and letters from her family to her. How much evidence does she need? Thank you very much.

UnleashedChaos,

You really should have a consultation with an experienced, family-based immigration attorney. Review the facts of the case in detail before you go running off doing anything. What you can do, and what you ought to do to have the best chance of success achieving your ultimate objectives may not be the same.

As diadromous mermaid told you, the woman's ability to remove conditions depends on the circumstances that she can demonstrate about her existing marriage. You and she do not want to do things that will make that task more difficult for her than necessary.

Yodrak

I'd like to add that few divorce (family) lawyers are well-informed in immigration affairs, unless they also practice in that field. And if they do, chances are their practice experience is limited or compromised by the fact that they cannnot specialise to the degree that an attorney that concentrates on one aspect of law does. That said, I'd not put much credence in the information given by the divorce lawyer as to whether she can remarry at this stage or not unless he had access to specifics in her case that hasn't been shared here in this thread or he is part of a firm that does specialise in immigration law. Of couse, there is also a good chance that the guidance offered was more along the lines of "she'd be better off not marrying before the I-751 was filed" (i.e. she'd have more success if she were to petition with the current spouse, than without" rather than that she cannot marry at this stage.

Thanks to all who has posted a response. I am going to have a consultation this next week. Diadromous mermaid, I agree about thye divorce lawyer, they are in family law and not immigration law so I think he was just giving cautionary advice. Once again, thanks yto all who has posted.

My friend divorced before 751 and remarried. She sent a new I-485 I-130 under her new husband along with request letter to withdraw her I130 and I485. She did not file for I751. She had her GC under her new husband.

Why would she do that?

She could do I751 but didn't. Her lawyer said to her there was 60%chance for her I751 to get denied due to her short period of marriage and her new marriage right after the divorce and she would have to reapply for I485, I130 again later. So she simply did the whole process again with her new husband.

This depends on the circumstances of how she entered the US. Since she already had an I-130/I-485 pending, it was not a K-1. Someone who entered with a K-1 visa CAN NOT do this.