Tricky One

[ciyank 3]

Little background to get started. I got married to my first wife, a US citizen whilst in England (my native country). We lived there for a year and a half before coming to the US as she complained of missing her family, I agreed so we came, by the time I received my green card we'd been married just 2 months shy of 2 years so it was a conditional one.

Just under a year into living in the US things started taking a turn for the worse, she drank a lot and cheated on me multiple times. Eventually I had enough and we were divorced. 3 month later I met the true woman of my dreams, got swept up in a romance and we married a month ago.

Now comes my two questions. My conditional green card expires Sept 20th 2015. I'm planning of filing for a waiver due to divorce. I have tons of proof of legitimate marriage (joint bank, medical insurance, photo albums, joint leases and affadavits). When I file, do I mention that I am now married to a new US citizen? I think yes but a few people are telling me not to mention it so I don't know if I'm being silly, but it seems to me it pays to be honest here.

Secondly, I have secured employment out of state and will be moving to Colorado August 1st. Shall I file the i-751 removal of conditions now, or shall I wait until I move? Just don't wanna push it with the deadline approaching swiftly.

Sorry for the long post, I really appreciate any feedback.

[Boiler 43,381]

File now, I do not remember if it asks if you have remarried if it does say so.

[aaron2020 11,651]

Hi,

You should have filed to remove the condition on your green card when you got divorced.

The few people who are telling you not to mention your new marriage are idiots. It's fraud to lie on an immigration form.

Might as well wait until you move to Colorado.

Best of luck

[ciyank 3]

Thanks for the replies thus far. Yes sadly I was foolish and did not realize I could file as soon as I got divorced. I have never hired an immigration attorney, as I thought the thousands of dollars they charge unnecessary if you have nothing to hide, filled out the original immigration paperwork myself without problems. Trouble is it left me a bit ignorant of some of the rules such as this one.

That's my main trouble, I've thought declaring the second marriage smart, just don't know wether to file now or wait until I move....

[Boiler 43,381]

Why wait?

[ciyank 3]

From what I have read, after one files the I-751 you receive some form of receipt extending your green card for a year. I didn't know how long it takes to receive this form, and I fear I would already of moved before it arrives.

[aaron2020 11,651]

Why wait?

He's moving in 30 days. What's the rush at this point? Why bother with a Change of Address, and dealing with misdirected mail?

I would rather wait 30 days to file rather than deal with misdirected mail. There are plenty of people on VJ talking about misdirected mail.

[ciyank 3]

Aarons point above is exactly why I'm nervous about filing now instead of waiting.

[Cheezees 1,514]

Yes, you were supposed to file when you got divorced. Now that you know and you realize your error in filing, why in the world are you waiting?!?!?! With your circumstances I foresee an interview in your future and the excuses for not filing in a timely manner being:

1. I got a divorce, totally ignored the ROC process, and even got remarried, again ignoring any immigration implications, all in under 15 months (MAJOR red flags btw), AND

2. Now that you are (I think) technically out of status as you are no longer married to a USC AND you have not filed for removal of conditions AND you DO NOT have an status extension letter AND you are waiting because "I want my mail all in one place"

are beyond belief! Please, take other people's advice and wait....for your possible deportation letter to arrive at your new home in about 30 days. Good luck!

[aaron2020 11,651]

Yes, you were supposed to file when you got divorced. Now that you know and you realize your error in filing, why in the world are you waiting?!?!?! With your circumstances I foresee an interview in your future and the excuses for not filing in a timely manner being:

1. I got a divorce, totally ignored the ROC process, and even got remarried, again ignoring any immigration implications, all in under 15 months (MAJOR red flags btw), AND

2. Now that you are (I think) technically out of status as you are no longer married to a USC AND you have not filed for removal of conditions AND you DO NOT have an status extension letter AND you are waiting because "I want my mail all in one place"

are beyond belief! Please, take other people's advice and wait....for your possible deportation letter to arrive at your new home in about 30 days. Good luck!

Complete BS. Stop with the scare tactics. 30 more days in itself is not going to result in a "possible deportation letter."

[Mntjc 14]

Complete BS. Stop with the scare tactics. 30 more days in itself is not going to result in a "possible deportation letter."

It is all about showing that you are acting in good faith and with due diligence though, and waiting another month is definitely not showing these 2 requirements...

[Cheezees 1,514]

Complete BS. Stop with the scare tactics. 30 more days in itself is not going to result in a "possible deportation letter."

Really? Not according to the immigration officer I spoke to (albeit back in 2011). Not filing in a timely manner with no excuse, and then knowingly waiting and marrying another USC raise major red flags. This is not my personal opinion nor is it a scare tactic. One of my friends who was also a foreign student like me who married a USC received a deportation letter when she forgot to update her address. She had to appear before a judge to contest it. Again, not my personal opinion or musings. The OP is being rather lax about this and has many of the factors that led to denial of the ROC and deportation letters.

[ciyank 3]

Yes, you were supposed to file when you got divorced. Now that you know and you realize your error in filing, why in the world are you waiting?!?!?! With your circumstances I foresee an interview in your future and the excuses for not filing in a timely manner being:

1. I got a divorce, totally ignored the ROC process, and even got remarried, again ignoring any immigration implications, all in under 15 months (MAJOR red flags btw), AND

2. Now that you are (I think) technically out of status as you are no longer married to a USC AND you have not filed for removal of conditions AND you DO NOT have an status extension letter AND you are waiting because "I want my mail all in one place"

are beyond belief! Please, take other people's advice and wait....for your possible deportation letter to arrive at your new home in about 30 days. Good luck!

I hope you don't offer much advice on this forum based on that outdated advice. On the back of your post I did contact an immigration lawyer, thinking it's best just to confirm. He informed me informally that whilst you can apply for the ROC straight after the divorce, as long as it's before the conditional green card expires there's no such 'instant deportation letter' issued. Plus I married another US Citizen, so such deportation he states is extremely unlikely as long as I file before Sept 20th and provide appropriate proof that my original marriage was in good faith then there is no problem.

Not to be rude, but you probably shouldn't give advice on this forum with such inaccurate information.

[Villanelle 4,121]

^Im sorry you had to contact an attny for that information. The point of VJ is to provide that kind of information from peer to peer with out the need for attnys.

What you posted (and Aaron) is exactly true. Its been posted many a time on the forum. Why some like to rant with lots of exclamation marks, I dont know.

When you get a divorce your window to file ROC opens. Its up to you if you choose to file in it. As long as you file before your card expires you are fine. For some people it is smart to file when the window opens because of divorce, for others its smarter to wait until the 90 days prior to card expiration. In your case it is the wisest to wait until you move- where you will still be in the open window and sure that your mail service wont have any interruptions.

A timely filing BTW is considered anything in the open window. An untimely filing is something received after the window is shut (late). There is no "official" penalty for not filing immediately after the divorce -early in the window rather then late in the window.

People that overthink things can and so speculate especially in complex situations that an adjudicator can look poorly on someone who has waited until the window has just about closed because it looks like they were 'buying time'. You know what Im saying? Your status is good until the date of expiration so the sooner you attempt to ROC and could be potentially denied the sooner you would lose status. So those that know they have no case tend to wait until the last minute (some think thats how the adjudicators think and dont want to be viewed that way).

[Cheezees 1,514]

Like I said, this was info from an immigration officer (not an immigration attorney) and this was back in 2011. I admit that the likelihood of "instant deportation" is questionable in the 30 day period, but after an interview, admitting that he waited for no reason other than convenience with his mail and marrying someone else while not removing conditions IS reason for a denial.

Seeing that you think that my advice is outdated, I can see why you wrote that last line. However, I will continue to give advice to the best of my knowledge (perhaps with less snark) and totally ignore your attempt at discrediting my past, present, and future posts.

To the OP: Sorry for the "snark" but you need to get on this now.