Remarried with conditional green card

[Mollie09 1,543]

38 minutes ago, manhattan2016 said:

Yea that’s what i am talking about?!!

what i am gonna show them i only have bona fides for like 4 years before i move here 

what i am thinking about is to apply for waiver and send them the old bona fides before i move here and write a letter explain to them what happened after I moved here 

or i wait until the green card expires and apply for new case and if the uscis or the officer in the interview asked me about the previous marriage i am gonna show him the old bona fides and explain to him what happened with me 

idk which option is better?

Don't know how else we can say this to you, but option two does not exist. If you're an LPR, you can't really "apply for a new case", your green card expiring does not terminate your LPR status.

Even if you managed to terminate it (after a long process including an IJ), you would have to deal with the presumption that your first marriage was entered into for immigration benefits, and you need to prove that it wasn't before you're given another status.

[California2020 1]

1 minute ago, Mollie09 said:

Don't know how else we can say this to you, but option two does not exist. If you're an LPR, you can't really "apply for a new case", your green card expiring does not terminate your LPR status.

Even if you managed to terminate it (after a long process including an IJ), you would have to deal with the presumption that your first marriage was entered into for immigration benefits, and you need to prove that it wasn't before you're given another status.

Ok lets focus on the first option...

after i moved her she changed and we met just for couple times then she traveled to brazil and stayed for 8 months and after she back she asked for divorce 

so what should i do and I cannot get any bona fides after i moved here ?

[California2020 1]

1 minute ago, Mollie09 said:

Don't know how else we can say this to you, but option two does not exist. If you're an LPR, you can't really "apply for a new case", your green card expiring does not terminate your LPR status.

Even if you managed to terminate it (after a long process including an IJ), you would have to deal with the presumption that your first marriage was entered into for immigration benefits, and you need to prove that it wasn't before you're given another status.

Ok lets focus on the first option...

after i moved her she changed and we met just for couple times then she traveled to brazil and stayed for 8 months and after she back she asked for divorce 

so what should i do and I cannot get any bona fides after i moved here ?

[Boiler 43,429]

Seems a question of strategy and I would not want to be the one to make that call.

 

I am not even sure if it is possible but surrender your current GC and have the new spouse file? I 407?

 

Competent Legal advice would seem in order.

[Sam_Son_83 17]

How much in terms of communication between the two of you do you have during the timeframe she was in Brazil?

[California2020 1]

1 minute ago, Sam_Son_83 said:

How much in terms of communication between the two of you do you have during the timeframe she was in Brazil?

Like 2 month then I figured out that she got im a relationship with someone else in brazil through her new Facebook account that she hided it from me ... 

then for like 5 months later I didn’t contacted with her and we decided to divorce.. after that the guy that got in relationship made a road accident and passed away .. then she back to tell me and blaming me for his death ... 

after we got divorced She back to meassage me and tell me she is sorry for everything did to me and she wanted to back to me but ofc i refused ...

while she was in brazil she was keep posting pictures with her new boyfriend and she did know that seen thos posts

[Mollie09 1,543]

16 hours ago, Boiler said:

Seems a question of strategy and I would not want to be the one to make that call.

 

I am not even sure if it is possible but surrender your current GC and have the new spouse file? I 407?

 

Competent Legal advice would seem in order.

Sounds like it would be possible to leave the country, surrender the green card, and have the new spouse start a CR-1 from scratch?

That would require leaving the country and waiting the petition out, and the issue of the first marriage would come up, of course. But strategy-wise, could be a good bet.

[California2020 1]

43 minutes ago, Mollie09 said:

Sounds like it would be possible to leave the country, surrender the green card, and have the new spouse start a CR-1 from scratch?

That would require leaving the country and waiting the petition out, and the issue of the first marriage would come up, of course. But strategy-wise, could be a good bet.

But why leaving the country and there is adjustment of status for anyone who entered the country legally?!

[Mollie09 1,543]

55 minutes ago, manhattan2016 said:

But why leaving the country and there is adjustment of status for anyone who entered the country legally?!

You have no status to adjust from. You are already a permanent resident.

[California2020 1]

4 minutes ago, Mollie09 said:

You have no status to adjust from. You are already a permanent resident.

But u said am gonna surrender my green card which means am not permanent resident anymore..

for example the people who come here on tourist visa or study or any legal entry and stayed over the limit of their visa which means they already have no status no or residence due their overstay limit .. i read that they can apply for adjustment of status although they are living illegally here!

do u think they allowed to apply for adjustment without leaving the country and am the one who married US Citizen and have work and study and everything here but I have to leave! Do u think this make sense 

[Boiler 43,429]

I assume but do not know for certain that even if you surrender your GC any future application will first need to deal with your prior case.

[Crazy Cat 39,214]

9 minutes ago, manhattan2016 said:

But u said am gonna surrender my green card which means am not permanent resident anymore..

for example the people who come here on tourist visa or study or any legal entry and stayed over the limit of their visa which means they already have no status no or residence due their overstay limit .. i read that they can apply for adjustment of status although they are living illegally here!

do u think they allowed to apply for adjustment without leaving the country and am the one who married US Citizen and have work and study and everything here but I have to leave! Do u think this make sense 

Random thoughts :

Have you spoken to an attorney yet?  I don't think you can abandon your Green Card and remain in the US......Even if you were able to do that, you would lose your legal status and you would be illegally present....it isn't the same as an overstay imo......which means you would have to leave the US, then return LEGALLY to adjust status.......and you couldn't do that ........because you would be entering the US via a non-immigrant route with the intent to adjust status via marriage to your new wife...which is visa fraud.

 

However, you could leave the US, file the form to abandon your Green Card, then have your new wife petition for you to enter the US via a CR-1.....12-14 months later........

 

 

[Venus201320 143]

17 minutes ago, manhattan2016 said:

But u said am gonna surrender my green card which means am not permanent resident anymore..

for example the people who come here on tourist visa or study or any legal entry and stayed over the limit of their visa which means they already have no status no or residence due their overstay limit .. i read that they can apply for adjustment of status although they are living illegally here!

do u think they allowed to apply for adjustment without leaving the country and am the one who married US Citizen and have work and study and everything here but I have to leave! Do u think this make sense 

Dude get a LAWYER! Your situation is tricky. Something like this can't be answered here. Plus people here have given you options but you refuse to take the advise. Get a LAWYER.

[California2020 1]

1 minute ago, Venus201320 said:

Dude get a LAWYER! Your situation is tricky. Something like this can't be answered here. Plus people here have given you options but you refuse to take the advise. Get a LAWYER.

Thanks I already waiting for my appointment with lawyer.... but sometimes I don’t trust the lawyers so I asked here first..,

4 minutes ago, missileman said:

Random thoughts :

Have you spoken to an attorney yet?  I don't think you can abandon your Green Card and remain in the US......Even if you were able to do that, you would lose your legal status and you would be illegally present....it isn't the same as an overstay imo......which means you would have to leave the US, then return LEGALLY to adjust status.......and you couldn't do that ........because you would be entering the US via a non-immigrant route with the intent to adjust status via marriage to your new wife...which is visa fraud.

 

However, you could leave the US, file the form to abandon your Green Card, then have your new wife petition for you to enter the US via a CR-1.....12-14 months later........

 

 

Thanks am waiting for appointment with lawyer and I will let u know what he said

[Crazy Cat 39,214]

1 minute ago, manhattan2016 said:

Thanks I already waiting for my appointment with lawyer.... but sometimes I don’t trust the lawyers so I asked here first..,

Thanks am waiting for appointment with lawyer and I will let u know what he said

Please do............but I doubt any preconceived scheme of abandoning your green card in order to gain a more favorable immigration interview would work.........but please let us know....