AOS

[lindsay yen 0]

Hi:

I have questions regarding filing a new AOS.. i was divorce on my first husband for incompatibility reason (but in reality this is not the reason its too private i cant say it in public) 7 months ago. and my 2 year greencard under his name expired on december 10,2010.. I live in california right now and my boyfriend and i got married last june 27,2010. My question is can my second husband file a new AOS for me since i never filed an I-751 (waiver) for i dont have enough evidences ( i.e joint account, bills under our names, etc) to prove that our marriage is entered in good faith.Do we need to wait till december 10,2010 (2 year greencard expired) or we can file now.. Your advice is highly appreciated..

[Young Love 5]

Hope this helps!

http://www.visajourney.com/forums/topic/220094-divorce-before-removal-of-conditions-on-permanent-resident-status/

http://www.visajourney.com/forums/topic/250156-divorce-before-2-years-is-up/

Edited July 11, 2010 by Young Love

[payxibka 10,044]

Hi:

I have questions regarding filing a new AOS.. i was divorce on my first husband for incompatibility reason (but in reality this is not the reason its too private i cant say it in public) 7 months ago. and my 2 year greencard under his name expired on december 10,2010.. I live in california right now and my boyfriend and i got married last june 27,2010. My question is can my second husband file a new AOS for me since i never filed an I-751 (waiver) for i dont have enough evidences ( i.e joint account, bills under our names, etc) to prove that our marriage is entered in good faith.Do we need to wait till december 10,2010 (2 year greencard expired) or we can file now.. Your advice is highly appreciated..

There is no "new" AOS... AOS adjusts your status from non-immigrant to resident... as you are already a resident, a new AOS application will fail as you cannot adjust from resident to resident...

Moving thread...

Edited July 11, 2010 by payxibka

[lindsay yen 0]

There is no "new" AOS... AOS adjusts your status from non-immigrant to resident... as you are already a resident, a new AOS application will fail as you cannot adjust from resident to resident...

Moving thread...

so from what u said is after my greencard expired i will be sent home to my country?

[Young Love 5]

so from what u said is after my greencard expired i will be sent home to my country?

You're already granted resident status, so you are a permanent resident. The only difference is that they want to make sure the marriage wasn't a sham so they put a certain condition on it, hence "conditional resident." You have to submit the removal of conditions form 90 days before the 2 year "anniversary" of your green card. The fact that you have a boyfriend now doesn't matter because you're already a resident. You can't adjust your status from resident to resident.

In your case, since you're divorced (and it's finalized), you can file to remove the conditions right away with a waiver since you entered the marriage in good faith [see my links above].

Edited July 11, 2010 by Young Love

[rika60607 215]

If you don't want to file for removal of conditions, you could look into turning in your GC (give up your resident status) and go CR-1 route with your new husband. BUT you will surely be questioned about your previous marriage by the consulate.

Any one has an opinion on this?