my situation is rather complicated. i was married to an USC for 5 years. i never filed to get my conditions removed. we only stayed 1 year in the states and returned to germany, where i have been with our 2 kids ever since. now that we r divorced i want to return to the states. Can i still get my conditions removed? And if how do i do it? or should i just get the K1. i want to move back to the state because of my new relationship.

any help would be great.

I moved your question here "Effects of Major Family Changes on Immigration Benefits"

you might get better answers in that forum ...

[quote name='MarilynP' date='May 2 2007, 08:48 AM' post='877805']
I moved your question here "Effects of Major Family Changes on Immigration Benefits"

you might get better answers in that forum ...



THANK U

You should consult an immigration attorney.

you need an attorney.
1st. the orignal petitioner sponsered you for a marriage visa. you failed to remove the condtions. marriage was the basis for the visa in the first place.
that is good on their part they dont have to keep sponsering you no more.

2nd your new petitioner has to file a whole new application for you. the kids if american
dont need visas. if they are not american then they need to be added to the new petiton.


3rd. watch for your timing from the Ex to the new relation.
because of the new IMBRA laws the event around your current petition will surface.


anyways get an attorney, this posting is giving me a headache!

I agree that qualified legal advice is reccomended. The most likely short answer is no.

in germany u have to be leagally separated for 1 year befor u can even file for divorce. so i was separated 1 year then filed for divorce which took almost 1 year to the degree. does that make sense?

Provisions of IMBRA affect the petitioner not the beneficiary....

From the initial info you provided it looks like you have abandoned your permanent legal resident status by establishing residence in Germany. As such, there is no more conditions to remove as you have lost your LPR status.

If you have a new relationship with someone who is in the US, you will have to go through the whole K process all over again.

There are circumstances where an alien could have retained PR despite living overseas for some years, but that would require some form of re-entry permit. Chances are in this case that was not done.

If your new fiancé is a US citizen you could follow the K-1 route, but it is best to confer with an immigration attorney to review the particulars to see what suits your case.