Conditional GC -divorce and get married

[babybigpig 0]

hi there,

i came here by K1 and got 2 yr GC in but the relationship didn't go through my husband had another gf, i moved to apt where near my school and he moved to another one which is convenient for working ...then we got a divorce in 19th month of relationship , then i move to another state and met my bf ( he also got divorce with his wife who came here by student visa and they got divorce while she was going to apply for I-751 last year). The whole point, i'm going to apply for 751 next year...then i dont know should i apply for 751 by myself like waiver then wait till i get done with 10 yr GC or can i get marry with my bf , because i'm not sure if any problem with more complicated paper and look like multiple marriage if i get married with him ?

Thanks

[Brother Hesekiel 2,236]

Generally speaking, you shouldn't get married before you are absolutely sure that you want to stay for the rest of your life (remember the vows you took?) with that man. It's really that simple.

That said, the fact that you would get married again to another man even before the ink on your old marriage certificate dried has no legal bearing on your I-751 application. You may be able to get the ROC approved, or you may not. If you were married and the latter happened, however, you would have to leave the country and your then husband would be allowed to stay, which would potentially create a hardship that can be avoided easily.

Therefore, the smart thing to do may be to wait until you get the 10-year GC, should you get it, and also to wait until you are 100% sure you are doing the right thing this time.

Best of luck to you.

[lailaa 0]

Why r you waiting for next year?

As soon as your divorce finalized you have right to apply remove conditions on your residency based on good faith marriage ended with divorce. If you aLready have your divorce decree in hand You dont have to wait for next..

2 year rule is only for married people who is applying jointly.

If you have required evidences shows your marriage was in good faith, such as bills,leases,joint bank or credit card accounts, pictures etc, gather all now and apply for good faith marriage waiver as soon as possible. Also in the middle of the road if you want to marry again you can do it, that has nothing to do with your waiver application based on prior marriage.

good luck

hi there,

i came here by K1 and got 2 yr GC in but the relationship didn't go through my husband had another gf, i moved to apt where near my school and he moved to another one which is convenient for working ...then we got a divorce in 19th month of relationship , then i move to another state and met my bf ( he also got divorce with his wife who came here by student visa and they got divorce while she was going to apply for I-751 last year). The whole point, i'm going to apply for 751 next year...then i dont know should i apply for 751 by myself like waiver then wait till i get done with 10 yr GC or can i get marry with my bf , because i'm not sure if any problem with more complicated paper and look like multiple marriage if i get married with him ?

Thanks

[rika60607 215]

From the post it was her husband who broke the vows.

I am also not sure how not being married will make it less hard for the couple to be apart in case she is denied ROC.

Correct info - she can file for ROC as soon as she has divorce decree, and it is probably a smart thing to do, as if she does not, deportation proceedings can be started against her. If she is denied ROC and she is married to another USC, she will likely not have to leave the country as her then husband could file for her to adjust status.

One thing to be concerned about - if she is denied ROC, does it imply she is also automatically accused of immigration fraud? That would make it hard or impossible for her to adjust status.

[Brother Hesekiel 2,236]

I am . . . . not sure how not being married will make it less hard for the couple to be apart in case she is denied ROC.

In my not-so-humble opinion, parting with a girlfriend or boyfriend who has to leave the country is "easier" done than having to move to another country with your spouse. Unless getting another divorce or leaving one's spouse is not a big deal for the one doing it, that is.

Correct info - she can file for ROC as soon as she has divorce decree, and it is probably a smart thing to do, as if she does not, deportation proceedings can be started against her. If she is denied ROC and she is married to another USC, she will likely not have to leave the country as her then husband could file for her to adjust status.

There are two different schools of thought, yours is one of them. The other one is that waiting until it's about time to file would at least give the applicant more time to prepare (and stay in the country in case of a denial).

Also (Sarah Palin) . . . when somebody is denied ROC, because USCIS believes the marriage was entered in order to gain immigration benefits, do you really think marrying again, right away, will help in any way?

That AOS is faster denied than a speeding bullet!

One thing to be concerned about - if she is denied ROC, does it imply she is also automatically accused of immigration fraud? That would make it hard or impossible for her to adjust status.

Nope, at least not in a general sense. A marriage could have been clearly entered in good faith, and then the applicant beat the living daylight out of her spouse, that's not immigration fraud, yet still grounds for denial.

Edited October 22, 2009 by Just Bob

[rika60607 215]

Hmmm.... I guess it is easier to move to another country with a spouse than with a girlfriend or boyfriend

Parting ways just because government says so... would never cross my mind! Who would do such a thing?!.

Let me re-phrase my doubt then - if she is denied RoC, would not the reasons behind denial be enough to deny adjustment of status as well? I do not believe though that entering second marriage (even so soon after the first one) would by itself cause denial of RoC or AoS. Red flag, may be, but not a sufficient reason to deny. To the OP - I'd say if your RoC is denied, you should fight it with all you got, you can't assume that you will be able to adjust based on your second marriage, if there is one in your future.

Edited October 22, 2009 by rika60607

[payxibka 10,045]

Hmmm.... I guess it is easier to move to another country with a spouse than with a girlfriend or boyfriend

Parting ways just because government says so... would never cross my mind! Who would do such a thing?!.

Let me re-phrase my doubt then - if she is denied RoC, would not the reasons behind denial be enough to deny adjustment of status as well? I do not believe though that entering second marriage (even so soon after the first one) would by itself cause denial of RoC or AoS. Red flag, may be, but not a sufficient reason to deny. To the OP - I'd say if your RoC is denied, you should fight it with all you got, you can't assume that you will be able to adjust based on your second marriage, if there is one in your future.

We are using terms improperly... There is no further "adjusting of status" to be done as that has already occured when she got the conditional greencard originally... ("adjustment of status" is from non-immigrant to resident)

She must remove conditions by herself as a result of the divorce. Any potential "new" USC husband cannot lend assistance in this scenario.

If her ROC is denied then her resident status will be terminated and she will be asked to leave. I suppose at that time, any "new" USC husband could petition (I-130) for her but I am unsure if she could "adjust status" immediately because I do not know what her status would be to adjust from if her residency is terminated. She might have to leave and re-enter with a spousal visa (if approved).

Edited October 22, 2009 by payxibka

[loveamerica 0]

As soon as your divorce finalized you have right to apply remove conditions on your residency based on good faith marriage ended with divorce. If you aLready have your divorce decree in hand You dont have to wait for next..

2 year rule is only for married people who is applying jointly.

If you have required evidences shows your marriage was in good faith, pictures etc, gather all now and apply for good faith marriage waiver as soon as possible.

[rika60607 215]

We are using the terms properly! I was referring exactly to the scenario you described.

Except that she could be petitioned to adjust status based on second marriage without having to leave (if ROC fails), because she was not an illegal alien, she entered the country properly (and she is not an unmarried K-1).

I am only concerned about positive outcome of such "post ROC-denial" AOS. Aaah, she'll probably just get approved for her ROC anyway.

Hmmm.... I guess it is easier to move to another country with a spouse than with a girlfriend or boyfriend

Parting ways just because government says so... would never cross my mind! Who would do such a thing?!.

Let me re-phrase my doubt then - if she is denied RoC, would not the reasons behind denial be enough to deny adjustment of status as well? I do not believe though that entering second marriage (even so soon after the first one) would by itself cause denial of RoC or AoS. Red flag, may be, but not a sufficient reason to deny. To the OP - I'd say if your RoC is denied, you should fight it with all you got, you can't assume that you will be able to adjust based on your second marriage, if there is one in your future.

We are using terms improperly... There is no further "adjusting of status" to be done as that has already occured when she got the conditional greencard originally... ("adjustment of status" is from non-immigrant to resident)

She must remove conditions by herself as a result of the divorce. Any potential "new" USC husband cannot lend assistance in this scenario.

If her ROC is denied then her resident status will be terminated and she will be asked to leave. I suppose at that time, any "new" USC husband could petition (I-130) for her but I am unsure if she could "adjust status" immediately because I do not know what her status would be to adjust from if her residency is terminated. She might have to leave and re-enter with a spousal visa (if approved).

[Brother Hesekiel 2,236]

LoveAmerica,

sorry, but that was a meaningless response. I know you meant well, but we are far beyond that.

Rika,

I think we just have a communication problem:

Boyfriend and girlfriend. One has to move 8000 miles away. Most likely that means goodbye.

Husband and wife. One has to move 8000 miles away. Most likely that means both are moving.

That's the difference between people who are just fun together and those who pledged to spend the rest of their lives with one another, for better or worse. That's what I meant with "easier."

payxibka,

good catch, right on the money. Only thing left to mention is that another I-130, based on the beneficiary's history on file, won't unlikely be successful.

[payxibka 10,045]

We are using the terms properly! I was referring exactly to the scenario you described.

Except that she could be petitioned to adjust status based on second marriage without having to leave (if ROC fails), because she was not an illegal alien, she entered the country properly (and she is not an unmarried K-1).

I am only concerned about positive outcome of such "post ROC-denial" AOS. Aaah, she'll probably just get approved for her ROC anyway.

If your ROC is denied you are immediately placed in removal proceedings... If you are in removal proceedings there is no opportunity for a second adjustment of status due to a new marriage to a USC... sorry....

If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, the USCIS must prove that the facts on your application were untruthful and that your application was properly denied. If the immigration judge decides to remove you from the country, you may appeal this decision.

[rika60607 215]

Bob,

interesting argument. I agree, we have communication disability here probably mine....

if those two are considering marriage, then relationship is likely far beyond GF/BF short term fun times.

Well, if it comes to removal proceedings for her, she could always take voluntary departure and re-file with a new K-1 or I-130, right?

Rika,

I think we just have a communication problem:

Boyfriend and girlfriend. One has to move 8000 miles away. Most likely that means goodbye.

Husband and wife. One has to move 8000 miles away. Most likely that means both are moving.

That's the difference between people who are just fun together and those who pledged to spend the rest of their lives with one another, for better or worse. That's what I meant with "easier."

[Brother Hesekiel 2,236]

if those two are considering marriage, then relationship is likely far beyond GF/BF short term fun times.

Maybe.

But it's still a difference whether a couple is married, engaged, or BF and GF.

If you're right with your assessment, they are "almost" engaged.

Still since it's much easier to petition for a spouse instead of a fiancee, and absolutely impossible to petition for a BF or GF, there still is a difference. I still think few BFs or GFs would move 8000 miles away in a country where they don't speak the language, whereas a married couple is in a different situation. That's why the legislator puts such a big emphasis on marriage. It is a serious commitment, even if some BFs or GF are "hot" and you'd be willing to do "anything" for them.

Can they file a new K-1/I-130?

Sure, but if an applicant were to petition for a spouse that has been denied AOS or ROC before, it's not predictable with any certainty if such a petition would be successful.

Edited October 23, 2009 by Just Bob

[rika60607 215]

Bob,

how is this scenario -

they get married, she turns in conditional GC and new I-130 is processed while she's out of the US.

I know, I am pushing this to extreme

[babybigpig 0]

thank for all sharing your opinions, by the way i'm planning that wait till i get 1o yrs , at the same time i will sill living with my bf still celebrate wedding with our marriage license, then i will file for 751 waiver then if they deny i will try to fight and i will apply more evidence about me and bf in the bad case he has to sponsor me again. what do u guys think

Thanks