AOS approved - if divorced can I marry and stay ?

[itslife 0]

I came on K1 visa and got married in Nov. 07, got AOS in June 08.

Things are not going good among us and we are on the verge of divorce. My wife (sponsor) wants a divorce for her personal reasons.

What are my options ? I can still be here till about June 2010 ? If we get a divorce sometime this year, am I eligible to remarry somebody else ?

In that case, would I have to apply for spousal visa ?

[Nicoxcx 1]

Hi itslife,

I am not an expert on this so hopefully one of the more experienced members can help you out.

If you have a 2 year conditional Greencard, I believe you can Apply to remove conditions by yourself (as long as the marriage was entered on good faith) I doubt you need to file a K3 if you remarry a US Citizen, you are a US Resident now.

[leapoffaith 0]

And how one is supposed to prove "marriage in good faith" ? always read it here but never mention of how do it though ?

Edited April 30, 2009 by leapoffaith

[Nicoxcx 1]

I would believe things like comingling of money/assets, bills on both names most of the stuff you need for AOS . If his wife said he had abused her or something else similiar to that there may be trouble. I would always recommending sitting down and trying to sort things out and remember why you both fell in love but sometimes people just cant get along in a marriage.

[Liebi 0]

I came on K1 visa and got married in Nov. 07, got AOS in June 08.

Things are not going good among us and we are on the verge of divorce. My wife (sponsor) wants a divorce for her personal reasons.

What are my options ? I can still be here till about June 2010 ? If we get a divorce sometime this year, am I eligible to remarry somebody else ?

In that case, would I have to apply for spousal visa ?

You can file with a request that the joint filing requirement for I-751 Removal of Conditions will be waived.

Check the instructions on the form http://www.uscis.gov/files/form/I-751instr.pdf

and also this info on VJ http://www.visajourney.com/forums/index.ph...s-immigration-d

[EtherealVocalist 0]

I came on K1 visa and got married in Nov. 07, got AOS in June 08.

Things are not going good among us and we are on the verge of divorce. My wife (sponsor) wants a divorce for her personal reasons.

What are my options ? I can still be here till about June 2010 ? If we get a divorce sometime this year, am I eligible to remarry somebody else ?

In that case, would I have to apply for spousal visa ?

Already talking about re-marrying someone else?! Oye... you'll have to prove to the officer that you entered your first marriage in good faith. If you sucessfully lift your

conditions to a permanent status, you can divorce and remarry yes. If you divorce, remarry before your lifting conditions, I am not sure what recourse you have other than filing

for a K-3... I am no expert. That's a sticky situation with many outcomes. Good luck to you.

[Krikit 1,163]

Moving to Major Changes forum.

[Bobby+Umit 161]

To remove conditions yourself - you would have to get a divorce first.

Then you would have to self-petition yourself.

You would have to prove the marriage was entered in good faith OR prove that termination of your status would result in extreme hardship OR you have been battered or subjected to extreme cruelty by your USC/LPR.

If they grant you a 10yr card, you are free to do what you wish, in the constraints of the LPR program.

And if a new marriage is what you want, you can. However, again, you would be an LPR, and would have to follow the rules of bringing someone else over (which is what you are inferring to with the spousal visa?)

[diadromous mermaid 36]

you divorce, remarry before your lifting conditions, I am not sure what recourse you have other than filing

for a K-3... I am no expert. That's a sticky situation with many outcomes. Good luck to you.

No K-3 necessary. If a permanent resident divorces prior to removing the conditions, the alien would simply file a waiver. Whether he or she is remarried is really of no consequence because successful removal of conditions will depend upon the alien's ability to demonstrate that the former marriage was bonafide. Of course if the alien fails in demonstrating that, any atempt to gain permanent residence through a subsequent marriage would be suspect.