Tricky One

[Cheezees 1,514]

^Im sorry you had to contact an attny for that information. The point of VJ is to provide that kind of information from peer to peer with out the need for attnys.

What you posted (and Aaron) is exactly true. Its been posted many a time on the forum. Why some like to rant with lots of exclamation marks, I dont know.

When you get a divorce your window to file ROC opens. Its up to you if you choose to file in it. As long as you file before your card expires you are fine. For some people it is smart to file when the window opens because of divorce, for others its smarter to wait until the 90 days prior to card expiration. In your case it is the wisest to wait until you move- where you will still be in the open window and sure that your mail service wont have any interruptions.

A timely filing BTW is considered anything in the open window. An untimely filing is something received after the window is shut (late). There is no "official" penalty for not filing immediately after the divorce -early in the window rather then late in the window.

People that overthink things can and so speculate especially in complex situations that an adjudicator can look poorly on someone who has waited until the window has just about closed because it looks like they were 'buying time'. You know what Im saying? Your status is good until the date of expiration so the sooner you attempt to ROC and could be potentially denied the sooner you would lose status. So those that know they have no case tend to wait until the last minute (some think thats how the adjudicators think and dont want to be viewed that way).

Are you sure this is the case with those who have not filed for ROC and in the mean time have remarried? This directly conflicts the information I have received from an immigration officer in the past. (And no, this does not make me a poster of ill repute, exclamation marks or not)

I tend to think an immigration officer is more privy to the proceedings than an immigration lawyer (although I may be convinced otherwise). The advice was back in 2011 so understandably things may have changed over the years.

[Villanelle 4,121]

Everyones situation is different-

the facts for this specific case-

His GC expires SEPT 20th. He has until that specific date to file the 751 ROC form. Period. Yes, his window did technically open the date he divorced but he violated no law by not filing to ROC on that date. Just because the window opened did not mean he HAD to file the second the window was open. It just meant it opened that date and will remain open until SEPT 20th.

So again as long as he files by SEPT 20TH, he will be fine.

Since he is going to be moving from what appears to be Florida to Colorado- a huge cross country move (different service centers and local offices) It is going to be highly recommended that he waits until AUG 1 when he moves to Colorado to file his ROC.

AUG 1 is still with in his open window- way before it shuts on SEPT 20 and it will ensure a smoother process rather then filing and having to change his address with USCIS and making sure all his mail is delievered correctly.

Remember his is going to be receiving his NOA as well as a biometrics letter for a local office and maybe even an interview from a local office (hopefully he gets approved w/o one). Lets keep this simple and have it mailed from his new address, processed at the local service center based on his new address and directed to his local office.

[Villanelle 4,121]

Are you sure this is the case with those who have not filed for ROC and in the mean time have remarried? This directly conflicts the information I have received from an immigration officer in the past.

Im sorry I dont understand what you mean here.

What was the information you got in the past/what did I say that appears to be different?

[General Buhari 46]

I just want to give OP a thumbs up for using "whilst" in a sentence. That word makes me giggle.

Good luck on the immigration journey.

[ciyank 3]

Thank you all for the advice given so far, Cheezees, I apologize if I spoke Ill of your credentials, it's just that you did come accross very judgemental and overbearing, not two qualities you can pull off when offering inaccurate information. Maybe just cool it down if you're not 100% sure your info is correct, but thanks for taking the time either way.

Thanks again for all the replies, glad to share with some peers who have had similar experiences. As the original marriage was completely genuine I hope to have no issues.

Edited July 1, 2015 by ciyank

[Cheezees 1,514]

I should have clarified. I meant that someone who has remarried before removing conditions is allowed to just "wait it out" - the 90-day period, that is.

I was told that the ROC is not a test of if the marriage worked out and while you may even start dating before the divorce is final, you should divorce, remove conditions ASAP, and then after your case is adjudicated, marry someone else and move on with your life. Marrying a 2nd person without removing conditions from the 1st marriage and attaining non-conditional permanent residency was a huge no-no and grounds for a denial.

The IO also mentioned denials of foreign nationals who got married, came to the US, got divorced in a few weeks, and remarried, hoping to have their eligibility for permanent residency jumps from spouse #1 to spouse #2. This is not quite the same at with the OP but his is not a simple case of filing within the 90-day period. The OP is filing as married which the IO says is extremely problematic. Sitting on the information of errors made with the excuse of convenient mailings is not the most prudent approach, imho.

Edited July 1, 2015 by Cheezees

[Boiler 43,430]

People move all the time, still do not see why you would not want to get er done.

[Villanelle 4,121]

I should have clarified. I meant that someone who has remarried before removing conditions is allowed to just "wait it out" - the 90-day period, that is.

I was told that the ROC is not a test of if the marriage worked out and while you may even start dating before the divorce is final, you should divorce, remove conditions ASAP, and then after your case is adjudicated, marry someone else and move on with your life. Marrying a 2nd person without removing conditions from the 1st marriage and attaining non-conditional permanent residency was a huge no-no and grounds for a denial.

The IO also mentioned denials of foreign nationals who got married, came to the US, got divorced in a few weeks, and remarried, hoping to have their eligibility for permanent residency jumps from spouse #1 to spouse #2. This is not quite the same at with the OP but his is not a simple case of filing within the 90-day period. The OP is filing as married which the IO says is extremely problematic. Sitting on the information of errors made with the excuse of convenient mailings is not the most prudent approach, imho.

Ah- see I get what you are saying. This is again why each case is different and its somewhat difficult to take advice that was handed in one situation and apply it to another.

this is true- Marrying a 2nd person w/o ROC'ing and attempting to obtain a non conditional or conditional (any type of immigration benefit) from the second marriage IS a big no no. Thats just not going to happen.

Once you start a train- or process- it has to be completed. So if you have a temp/conditional GC, you have to see it to the (sometimes bitter) end. Whether that means sucessfully ROC'ing, getting denied or surrendering the card, it has to have a period at the end of the sentence to speak. You cant just have it hanging and abadon ship and jump from on to another. (spouse one to spouse 2 benefit wise)

This handy tidbit of info has nothing to do with the current OP though as he is not seeking any benefits from his current spouse. He is just seeking to Remove conditions on the GC issued to him based on the marriage from spouse number 1.

The whole you should divorce/file roc- wait until you are done/ and then move on. Well I would take that as a you really should do this from someone with a very high horse. But to each his own. Again since each case and circumstance will vary- in some cases it can appear if you divorce and remarry quickly before even ROC'ing how valid was your first marriage? In other cases it may not be any issue at all.

For this OP he appears to have had a marriage just short of 2 years prior to having his GC issued. Then about a year of a joint life in the US after the GC. So he has about 3 years of evidence it seems of a joint life plus whatever evidence of their courtship prior to marriage. Yes, he divorced quickly and remarried. I dont personally believe his remarriage would be an issue. I believe its more of an issue if he had minimal evidence- lets say his marriage only lasted a few months and he divorced and quickly remarried..

-------

As for Boilers position- well I guess its to each their own. The OP can submit his packet today,. He will probably get his first receipt in 2 weeks (thats about the average time) but then I would be worried about the biometrics notice. They seem to come around 2-3 weeks after that, with a 2 week advance notice. From my rough calculations- mailing now- NOA mid July, Bio notice will be received end of July for an appt mid Aug in a local FL office. That gives him a mess to contact them in late Aug telling them hes moved and rescheduling biometrics for a local office in CO.

Moving is stressful. If I was him I would prepare the packet now. Its a lot of work. Thats something he should not wait on, because theres going to be plenty else to do come moving time. Have it all set and ready to go for Aug 1, so when he gets there all he has to do is fill in some blanks and find the local post office.

[Cheezees 1,514]

Ah- see I get what you are saying. This is again why each case is different and its somewhat difficult to take advice that was handed in one situation and apply it to another.

this is true- Marrying a 2nd person w/o ROC'ing and attempting to obtain a non conditional or conditional (any type of immigration benefit) from the second marriage IS a big no no. Thats just not going to happen.

Once you start a train- or process- it has to be completed. So if you have a temp/conditional GC, you have to see it to the (sometimes bitter) end. Whether that means sucessfully ROC'ing, getting denied or surrendering the card, it has to have a period at the end of the sentence to speak. You cant just have it hanging and abadon ship and jump from on to another. (spouse one to spouse 2 benefit wise)

This handy tidbit of info has nothing to do with the current OP though as he is not seeking any benefits from his current spouse. He is just seeking to Remove conditions on the GC issued to him based on the marriage from spouse number 1.

The whole you should divorce/file roc- wait until you are done/ and then move on. Well I would take that as a you really should do this from someone with a very high horse. But to each his own. Again since each case and circumstance will vary- in some cases it can appear if you divorce and remarry quickly before even ROC'ing how valid was your first marriage? In other cases it may not be any issue at all.

For this OP he appears to have had a marriage just short of 2 years prior to having his GC issued. Then about a year of a joint life in the US after the GC. So he has about 3 years of evidence it seems of a joint life plus whatever evidence of their courtship prior to marriage. Yes, he divorced quickly and remarried. I dont personally believe his remarriage would be an issue. I believe its more of an issue if he had minimal evidence- lets say his marriage only lasted a few months and he divorced and quickly remarried..

-------

As for Boilers position- well I guess its to each their own. The OP can submit his packet today,. He will probably get his first receipt in 2 weeks (thats about the average time) but then I would be worried about the biometrics notice. They seem to come around 2-3 weeks after that, with a 2 week advance notice. From my rough calculations- mailing now- NOA mid July, Bio notice will be received end of July for an appt mid Aug in a local FL office. That gives him a mess to contact them in late Aug telling them hes moved and rescheduling biometrics for a local office in CO.

Moving is stressful. If I was him I would prepare the packet now. Its a lot of work. Thats something he should not wait on, because theres going to be plenty else to do come moving time. Have it all set and ready to go for Aug 1, so when he gets there all he has to do is fill in some blanks and find the local post office.

I agree with what you're saying. The handy tidbit is not quite relevant and I think the IO gave it as an example of straight up fraud. However, she first mentioned "Marrying a 2nd person without removing conditions from the 1st marriage and attaining non-conditional permanent residency was a huge no-no and grounds for a denial."

That part is totally relevant to the OP and I think he needs an immigration lawyer to clarify. If this information is still correct today, then there will be problems, the least of which is his mail. This is why my advice is not to wait. The OP doesn't have a straight-forward divorce case. His status is "married" but his spouse is not the one listed on his AOS.

[Boiler 43,430]

He needs to remove conditions based on his divorce.

[ciyank 3]

I agree with what you're saying. The handy tidbit is not quite relevant and I think the IO gave it as an example of straight up fraud. However, she first mentioned "Marrying a 2nd person without removing conditions from the 1st marriage and attaining non-conditional permanent residency was a huge no-no and grounds for a denial."

That part is totally relevant to the OP and I think he needs an immigration lawyer to clarify. If this information is still correct today, then there will be problems, the least of which is his mail. This is why my advice is not to wait. The OP doesn't have a straight-forward divorce case. His status is "married" but his spouse is not the one listed on his AOS.

There is a point in the i751 form, page 2 to be exact, where you can state specifically that your are married, but to a different individual than whome one originally obtained the conditional status from. The fact that the form has this specific question leads one to believe the situation is not unheard of.Either way I agree and that's why I was lucky to get some info from a local lawyer, who thinks as long as I can prove marriage no.1 is legit I should be fine.

I completely agree Damara, my game plan is to literally have the packet ready to go in the next week or so, then simply send it the day I arrive. It's through fear of missing paperwork that I believe waiting is prudent.

[Cheezees 1,514]

OP, I see that question. I also notice that it follows a list of questions such as "are you in removal proceedings", "have you been convicted of a crime", "did you pay someone for this ROC application (aka did you "buy" your spouse), etc. I would contact an attorney. Something doesn't sit right with this to me.

[ciyank 3]

OP, I see that question. I also notice that it follows a list of questions such as "are you in removal proceedings", "have you been convicted of a crime", "did you pay someone for this ROC application (aka did you "buy" your spouse), etc. I would contact an attorney. Something doesn't sit right with this to me.

As I said, after speaking with a Immigration Attorney today, he has stated that as long as marriage no.1 was legitimate, and I have proof to show this ( we lived together, including pre marriage for over 4 years in 2 different countries.) Then I shouldn't have a problem and marriage no.2 won't affect things. They're concerned purely if marriage no.1 was fraud or not.

[Boiler 43,430]

As I said, after speaking with a Immigration Attorney today, he has stated that as long as marriage no.1 was legitimate, and I have proof to show this ( we lived together, including pre marriage for over 4 years in 2 different countries.) Then I shouldn't have a problem and marriage no.2 won't affect things. They're concerned purely if marriage no.1 was fraud or not.

It is a not uncommon scenario, seems a lot of over thinking going on.

[ciyank 3]

It is a not uncommon scenario, seems a lot of over thinking going on.

Thinking and hoping that this is the case, thank you for your input.