Divorce and Remarriage During AOS

[Morgana 0]

I am in the process of divorcing my husband who brought me to the US on a K-3 Fiance Visa. I will be remarring shortly after the divorce. My conditional Green Card expires next year.

What do I do or what can I do to stay here in the US?

Thanks for any advice or suggestions.

[Harsh_77 716]

Remarrying him or someone else?

[YuAndDan 153]

Sounds like you already have a 2 year conditional green-card. You need to file I-751 with a waiver of the joint filing requirement, you can do this shortly after divorce is final, you do not need to wait to within 90 days of the card's expiration.

Moving this to the Removal of Conditions forum, this is not an adjustment of status topic, you already have a 2 year green-card...

Edited April 11, 2011 by YuAndDan

[rheanick 42]

I am in the process of divorcing my husband who brought me to the US on a K-3 Fiance Visa. I will be remarring shortly after the divorce. My conditional Green Card expires next year.

What do I do or what can I do to stay here in the US?

Thanks for any advice or suggestions.

who is filing for divorce, you or your USC husband?

[shawndoc 0]

K1 or K3? K1 is fiance, K3 is a spousal visa.

[Morgana 0]

Sorry, K-1 Fiance Visa. We have been married over 2 years.

My husband filed, but it was what I wanted. We love each other, but I want to have kids and he can't and doesn't want any. I knew this before we married, but hoped he would change his mind and see about a vasectomy reversal.

I have found someone who wants me and wants to have kids.

I just want to know what I need to do to stay in this country and get my permanent GC.

Thanks

[katiemanny 64]

Sorry, K-1 Fiance Visa. We have been married over 2 years.

My husband filed, but it was what I wanted. We love each other, but I want to have kids and he can't and doesn't want any. I knew this before we married, but hoped he would change his mind and see about a vasectomy reversal.

I have found someone who wants me and wants to have kids.

I just want to know what I need to do to stay in this country and get my permanent GC.

Thanks

As long as you provide evidence that you entered your first marriage in good faith, you should be ok with your removal of condition. Please know that re-marrying immediately after divorce could raise some concerns on your case, because they might suspect that you were already with the second husband before your first marriage was final. Big red flag

Edited April 18, 2011 by katiemanny

[Erthwhile 0]

As long as you provide evidence that you entered your first marriage in good faith, you should be ok with your removal of condition. Please know that re-marrying immediately after divorce could raise some concerns on your case, because they might suspect that you were already with the second husband before your first marriage was final. Big red flag

Not necessarily true. You have to prove that you entered the country in good faith marriage. If the marriage ended and you started seeing someone else after, that's not USCIS' concern. Things like that happen.