H-1 to GC (Now divorce?)

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I have a complicated situation and am looking for some input before I perhaps bite the bullet and call a lawyer (again).

I came to the US 10 years ago to attend university. I completed my education and then received a H-1B visa to work in the US. My visa was jeopardized when I had an unexpected job change and therefore my visa become invalid. At this time my lawyer advised me of my options. I ended up marrying my then girlfriend and received my 2 year greencard. This was one year ago.

Our marriage is not good and we have not divorced at this time. We live apart and I have met someone else. (Please no judgment, I know this is not ideal). I have considered divorce but I am very concerned about removing the conditions for my 10 year card next year with the divorce and the AOS from the previous H-1B. I am still currently employed.

My question is, if I should divorce and remarry another USC will this look terrible to the USCIS? Would it be best to surrender my current GC and return to my home country and then pursue options to return? Obviously I would hope to be able to remain here so I don't have to sacrifice my career.

Any thoughts or advice? Thank you in advance.

[JimVaPhuong 4,863]

Here's my two cents...

Did you file an AR-11 change of address with USCIS? If not, file it immediately.

Begin collecting your "good faith" marriage evidence. This would be the proof that you entered the marriage in "good faith", and lived as a married couple until the relationship collapsed. Joint tenancy, joint tax returns, bills and financial accounts in both names, whatever. Pictures before and after the wedding. Notarized affidavits from friends, relatives, neighbors, landlords, whatever.

File for the divorce. The amount of time it takes to get a divorce varies dramatically, depending on the state you live in, whether there's a required period of separation, and whether the divorce is contested.

If you get the final divorce decree before the 90 day window before your conditional green card expires then immediately file the I-751, checking box "d" in Part 2 of the form. This means you're asking for a waiver of the joint filing requirement because your marriage ended in divorce. Include copies of your "good faith" evidence (keep the original documents for the interview).

If you're nearing the end of the 90 day window before your conditional green card expires and you still don't have the divorce decree then send the I-751 anyway. Several months later you'll get an RFE for the divorce decree. Hopefully, the divorce will be final by then.

DON'T remarry until you've finished the Removal of Conditions. It will only complicate things with USCIS. Once you've gotten your 10 year green card then your status will no longer be dependent on your marriage, and you can marry anyone you like.

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Thank you Jim. I appreciate your two cents! This is the course I was thinking I needed to take. It's a little scary to think about removing conditions on my own as I'm not sure how successful I will be. I do have all evidence that our marriage was in good faith and hope that would help my case a bit.

I'd be interested if there is anyone else on VJ who successfully removed conditions without their spouse? And outside of the usual reasons of VAWA, etc?

[JimVaPhuong 4,863]

Thank you Jim. I appreciate your two cents! This is the course I was thinking I needed to take. It's a little scary to think about removing conditions on my own as I'm not sure how successful I will be. I do have all evidence that our marriage was in good faith and hope that would help my case a bit.

I'd be interested if there is anyone else on VJ who successfully removed conditions without their spouse? And outside of the usual reasons of VAWA, etc?

Yes, there have been many. I don't know the exact statistics, but I'm sure the majority are approved.

The things that cause people to run into problems is when they can't get the divorce decree in time, or their estranged spouse has been sending damning evidence of immigration fraud to USCIS, or their "good faith" evidence is thin - that sort of thing.

The reason I suggested you hold off on marrying again is because it can raise questions with USCIS. For example, did you know your new wife before you knew your previous wife? Was your new wife already married to someone else at the time you married your previous wife, or are there other reasons why your new wife would not have been able to sponsor you for adjustment of status? In other words, they'd wonder if you married your previous wife out of convenience because she could sponsor your AOS, when your real intention all along was to marry your new wife. It doesn't matter if the answer to these questions is a resounding "NO". It's better for you if USCIS doesn't ask them, and you don't have to answer them. Let them focus on your previous marriage and nothing else.

[Dakine 26]

Thank you Jim. I appreciate your two cents! This is the course I was thinking I needed to take. It's a little scary to think about removing conditions on my own as I'm not sure how successful I will be. I do have all evidence that our marriage was in good faith and hope that would help my case a bit.

I'd be interested if there is anyone else on VJ who successfully removed conditions without their spouse? And outside of the usual reasons of VAWA, etc?

I've seen LOTS of divorcees remove conditions sucessfully over the years.