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lindsay yen

AOS

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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..

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692186zjad3k7xja.gif

05/20/10 | Married!

AOS Timeline

06.16.10 | Package received at Chicago Lockbox

06.24.10 | NOA-1 Hard Copies received in the mail

06.28.10 | Biometrics letter received; scheduled for 07/15

07.10.10 | Request for Evidence letter in mail

07.16.10 | Touched: I-485 (RFE accepted, case resumed)

07.22.10 | EAD (I-765) Approved! - day 36

08.05.10 | EAD received!

09.01.10 | AOS Interview in Orlando, FL - Rescheduled

09.22.10 | Rescheduled AOS Interview - day 97 - APPROVED!!

10.02.10 | Green Card received!!

(View my timeline for the complete list)

Miscellaneous Timeline

08.19.10 | Applied for a Social Security Card

08.26.10 | Received Social Security Card in the mail

10.08.10 | Applied for unrestricted SS Card in married name

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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 by payxibka

YMMV

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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?

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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 by Young Love

692186zjad3k7xja.gif

05/20/10 | Married!

AOS Timeline

06.16.10 | Package received at Chicago Lockbox

06.24.10 | NOA-1 Hard Copies received in the mail

06.28.10 | Biometrics letter received; scheduled for 07/15

07.10.10 | Request for Evidence letter in mail

07.16.10 | Touched: I-485 (RFE accepted, case resumed)

07.22.10 | EAD (I-765) Approved! - day 36

08.05.10 | EAD received!

09.01.10 | AOS Interview in Orlando, FL - Rescheduled

09.22.10 | Rescheduled AOS Interview - day 97 - APPROVED!!

10.02.10 | Green Card received!!

(View my timeline for the complete list)

Miscellaneous Timeline

08.19.10 | Applied for a Social Security Card

08.26.10 | Received Social Security Card in the mail

10.08.10 | Applied for unrestricted SS Card in married name

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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?


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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