If I filed jointly the I-751 and I am the citizen

[alexin1 0]

I have been separated for a few month, and planning on getting divorce. If I decided to help my ex-wife remove her conditions by filing jointly the I-751, being the marriage in a good faith but for circumstances didn't work.

Could I get married again with a person that may need me to apply for her permanent residency again? or I won't be allow to provide that benefit to anybody else?

Thanks in advance

Edited November 27, 2015 by alexin1

[LoveMyTico 999]

You can, however, if you turn around and get married the minute you get divorced, that alone will set off a ton of red flags. Your file will be examined 10 times over and you will be questioned at the interview. My suggestion is to let some time pass before remarrying...especially since you've only been separated for a month. Plus, not sure if you would have to include the first wife on your affidavit of support since you are responsible for her for 10 years whether you are married or divorced.

Edited November 27, 2015 by LoveMyTico

[alexin1 0]

You can, however, if you turn around and get married the minute you get divorced, that alone will set off a ton of red flags. Your file will be examined 10 times over and you will be questioned at the interview. My suggestion is to let some time pass before remarrying...especially since you've only been separated for a month. Plus, not sure if you would have to include the first wife on your affidavit of support since you are responsible for her for 10 years whether you are married or divorced.

So, based on this. If I don't file a jointly I-751 and I get divorced how could I be responsible for 10 years if she is going to have either an illegal status or would be back in her country? also, if I don't file, what I also be examined 10 times over? would that also raise the red flag?

[NikLR 13,234]

Your wife can remove the conditions on her own with a divorce waiver. You are responsible for the I-864 until your wife works 40 works quarters (approximately 10 years full time work), becomes a citizen, leaves the USA permanently, or dies.

She doesn't need you to remove the conditions on her green card.

Yes you can get married again. Yes you can sponsor another spouse or fiance(e). But your current wife will be counted on your affidavit of support until one of the above conditions are met.

[alexin1 0]

Your wife can remove the conditions on her own with a divorce waiver. You are responsible for the I-864 until your wife works 40 works quarters (approximately 10 years full time work), becomes a citizen, leaves the USA permanently, or dies.

She doesn't need you to remove the conditions on her green card.

Yes you can get married again. Yes you can sponsor another spouse or fiance(e). But your current wife will be counted on your affidavit of support until one of the above conditions are met.

"I have been separated for a few month, and planning on getting divorce."

I am not divorced, she would need a dissolution of marriage decree for that, but we are not divorced, i understand that the only option we have is if I jointly sign it, am I wrong?

[Fadila 0]

can anyone told me how can i poste here a question plz

[LoveMyTico 999]

Did you read the I-864 before you signed it? Look it up online and read it over

Edited November 27, 2015 by LoveMyTico

[NikLR 13,234]

This reminds me strangely of a very similar topic.

Yes you're wrong.

She can divorce you and remove conditions on her own. She does not need a divorce decree to start the ROC process based on a divorce waiver.

[lost_at_sea 995]

Are you actually planning to get married again, or was that just a hypothetical question?

Even with your current wife doing RoC and getting her 10 year GC and you still being on the hook for her I-864, you can still re-marry once you're divorced and sponsor another immigrant. A person can sponsor as many people as they want and are able to, there's no limit. However, a string of marriage visas/sponsorships (even just 2 very close together) is naturally suspicious looking, but not a show-stopper necessarily.

You say your current marriage was in good faith - excellent - the fact that it was, that you're able to produce evidence that it was bonafide for RoC, is likely to be a good thing for the next marriage, so long as that one, too, is in good faith with evidence etc. Genuine relationships rarely have anything to be concerned about when it comes to close inspection.

[newacct 688]

If I decided to help my ex-wife remove her conditions by filing jointly the I-751, being the marriage in a good faith but for circumstances didn't work.

"Ex-wife" means you guys are no longer married at that point. If you guys are no longer married, you guys are not eligible to file I-751 jointly. She can file on her own.

[Cheezees 1,514]

As has already been stated, you cannot apply jointly with an ex wife.

Also, a divorce need only be initiated for a divorce waiver to come into play. The actual divorce decree will be asked for and supplied at a later date. There is a common misconception that without the actual divorce decree in hand, the GC holder is somehow at the mercy of the US citizen spouse to file jointly or else the GC holder must leave/be deported. Of course this is pure nonsense.

Lastly, carefully reread the conditions governing the affidavit of support. Too many people believe they can simply get out of this legal and binding obligation just because their feelings about their spouse changed. So, you can sponsor whomever you are able to buy you do not get to "switch" sponsorship from one spouse to the next just because you'd prefer that.

Good luck!

[alexin1 0]

As has already been stated, you cannot apply jointly with an ex wife.

Also, a divorce need only be initiated for a divorce waiver to come into play. The actual divorce decree will be asked for and supplied at a later date. There is a common misconception that without the actual divorce decree in hand, the GC holder is somehow at the mercy of the US citizen spouse to file jointly or else the GC holder must leave/be deported. Of course this is pure nonsense.

Lastly, carefully reread the conditions governing the affidavit of support. Too many people believe they can simply get out of this legal and binding obligation just because their feelings about their spouse changed. So, you can sponsor whomever you are able to buy you do not get to "switch" sponsorship from one spouse to the next just because you'd prefer that.

Good luck!

"Ex-wife" means you guys are no longer married at that point. If you guys are no longer married, you guys are not eligible to file I-751 jointly. She can file on her own.

This reminds me strangely of a very similar topic.

Yes you're wrong.

She can divorce you and remove conditions on her own. She does not need a divorce decree to start the ROC process based on a divorce waiver.

Sorry I misspoke I meant I'm married but separated