Remarried with conditional green card

[geowrian 22,335]

2 hours 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 

How exactly would you abandon your permanent resident status while in the US? AFAIK, there is no process to do so (without being removed/deported...which would not be a good path to take).

 

The process to voluntarily abandon status is via an I-407 filed abroad.

[California2020 1]

19 minutes ago, geowrian said:

How exactly would you abandon your permanent resident status while in the US? AFAIK, there is no process to do so (without being removed/deported...which would not be a good path to take).

 

The process to voluntarily abandon status is via an I-407 filed abroad.

Geowrian .. as i knew from the guys here that i have to take one of these two ways 

1- to apply for waiver which am gonna lose it anyways as the lawyers said because i have no bona fides here since i moved which means am gonna get removed or deported 

2- to fail apply to remove the conditional residence and am gonna get removed or deported 

so in the both cases am gonna lose the residence 

here is the question......

what about my wife!!!!

are we be able to apply for new case ?

and if we able to apply do i have to get out the states or i can apply for adjustment of status ?

second question what if we can not apply what am gonna do with my wife am i gonna divorce her! This is unfair because its not my fault in the previous marriage and i did nothing wrong and the divorce can happen anytime after the marriage 

[California2020 1]

19 minutes ago, geowrian said:

How exactly would you abandon your permanent resident status while in the US? AFAIK, there is no process to do so (without being removed/deported...which would not be a good path to take).

 

The process to voluntarily abandon status is via an I-407 filed abroad.

Geowrian .. as i knew from the guys here that i have to take one of these two ways 

1- to apply for waiver which am gonna lose it anyways as the lawyers said because i have no bona fides here since i moved which means am gonna get removed or deported 

2- to fail apply to remove the conditional residence and am gonna get removed or deported 

so in the both cases am gonna lose the residence 

here is the question......

what about my wife!!!!

are we be able to apply for new case ?

and if we able to apply do i have to get out the states or i can apply for adjustment of status ?

second question what if we can not apply what am gonna do with my wife am i gonna divorce her! This is unfair because its not my fault in the previous marriage and i did nothing wrong and the divorce can happen anytime after the marriage 

[Boiler 43,433]

This is a DIY site and even people with week cases seem to get ROC, but you seem to have no case. Not sure I have seen one ike it and as has been said more an issue for competent Immigration Lawyers.

 

Nobody is suggesting divorce, just a question of location.

[lummo 61]

On 11/30/2018 at 8:03 AM, 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 

Like @geowrian said the I-407 is submitted abroad. Here is a link with a list of USCIS offices abroad: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices Offices can have jurisdiction for more than 1 country. What country(ies) are you a citizen of?

To recap: 1) you leave the US. 2) you give up LPR status by submitting Form I-407 at an USCIS international office.

Edited December 8, 2018 by lummo

[lummo 61]

On 11/30/2018 at 8:03 AM, manhattan2016 said:

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 

Below is another ROC VJ user, @SteveE's, experience, but I will reiterate that immigration is more enforced now than decades past:

 

[SteveE 25]

On 12/10/2018 at 10:20 AM, lummo said:

Below is another ROC VJ user, @SteveE's, experience, but I will reiterate that immigration is more enforced now than decades past:

 

I just saw this and add a couple of comments...

 

My understanding is that if you do not file for ROC your green card process will be considered abandoned. 

You are a "Temporary Permanent Resident" on a two year green card and NOT a permanent resident until you have a 10 year green card (at least based on a marriage based green card).

 

I believe that if my original case happened today I would have been issued a deportation order for failing to file for ROC. The IO who conducted our interview pretty much said as much and verified the fact that no deportation order was ever issued against me.

 

I certainly do not think it would be advisable to not file for ROC and face the very real prospect of having to deal with a deportation order.

 

I do know that because I originally entered on a B2 visitors visa, even though I had filed for AOS before I was still considered to be in a category that allowed for AOS (we filed under B2 the second time and this never came up as an issue).

 

You do not have to be in status to apply for AOS as the spouse of an USC so I don't know if you can apply immediately after having your ROC denied if that is what happens (and if this could even be done before a deportation order was issued if one were to be).

 

You most certainly will face many questions regarding the validity of your first marriage and the timeframe of your second marriage. At the time of filing the second time my wife and I had been married for over 15 years, so obviously that added a great deal of credibility to our marriage.

 

Although we did not use a lawyer to file, we did consult with immigration lawyers a couple of times regarding specific questions to our case before filing (such as was I still eligible to file etc...) and I fully disclosed all information at all times.

 

In all case ALWAYS tell the truth and provide all the relevant information during the immigration process.

 

 

 

[geowrian 22,335]

2 minutes ago, SteveE said:

My understanding is that if you do not file for ROC your green card process will be considered abandoned. 

You are a "Temporary Permanent Resident" on a two year green card and NOT a permanent resident until you have a 10 year green card (at least based on a marriage based green card).

Technically, permanent residency is terminated upon not filing for ROC. It just takes time for them to notice & process it, and there are options to file afterwards and have it accepted. But the law is that if you don't file then your status is terminated.

Conditional Permanent Resident*. A conditional permanent resident is every bit a permanent resident. The only difference is they need to complete ROC. ROC only applies to marriage-based green cards.

[SteveE 25]

7 minutes ago, geowrian said:

Technically, permanent residency is terminated upon not filing for ROC. It just takes time for them to notice & process it, and there are options to file afterwards and have it accepted. But the law is that if you don't file then your status is terminated.

Conditional Permanent Resident*. A conditional permanent resident is every bit a permanent resident. The only difference is they need to complete ROC. ROC only applies to marriage-based green cards.

I'm not trying to get into any kind of argument here but there is a great difference between "Conditional Permanent Resident" and "Permanent Resident" and the very fact that the two exist speaks for itself. Indeed if there were no such thing as "Conditional Permanent Resident" then this entire thread would be moot...

[geowrian 22,335]

6 minutes ago, SteveE said:

I'm not trying to get into any kind of argument here but there is a great difference between "Conditional Permanent Resident" and "Permanent Resident" and the very fact that the two exist speaks for itself. Indeed if there were no such thing as "Conditional Permanent Resident" then this entire thread would be moot...

Can you please cite an example of a difference, other than needing to file for ROC?

[SteveE 25]

5 minutes ago, geowrian said:

Can you please cite an example of a difference, other than needing to file for ROC?

You yourself have provided the difference. ONE is "Conditional Permanent Resident" and the other is "Permanent Resident".

 

If NO difference existed then the OP would already be a "Permanent Resident" and this whole thing would be moot.

 

Indeed if there were no difference then I would NOT have had to file a second time as there would have been no conditions on my original green card and it would have been permanent.

 

"Conditional" means just that, it is conditional based on further approval which makes it different from "Permanent Residency" (which does not require any further approval)

 

 

[Crazy Cat 39,226]

Just now, SteveE said:

You yourself have provided the difference. ONE is "Conditional Permanent Resident" and the other is "Permanent Resident".

 

If NO difference existed then the OP would already be a "Permanent Resident" and this whole thing would be moot.

 

Indeed if there were no difference then I would NOT have had to file a second time as there would have been no conditions on my original green card and it would have been permanent.

 

"Conditional" means just that, it is conditional based on further approval which makes it different from "Permanent Residency" (which does not require any further approval)

 

 

You stated " but there is a great difference between "Conditional Permanent Resident" and "Permanent Resident".  Other than filing for removal of conditions, there are none.  

[SteveE 25]

6 minutes ago, missileman said:

You stated " but there is a great difference between "Conditional Permanent Resident" and "Permanent Resident".  Other than filing for removal of conditions, there are none.  

I would consider that a great difference and it is the key point to this entire thread.

 

You may yourself consider that a minor difference and of course that is your opinion and you are fully entitled to it. I never stated there are great differences or many differences.

 

My actual reply was

 

Quote

I'm not trying to get into any kind of argument here but there is a great difference between "Conditional Permanent Resident" and "Permanent Resident" and the very fact that the two exist speaks for itself. Indeed if there were no such thing as "Conditional Permanent Resident" then this entire thread would be moot...

 

Edited December 11, 2018 by SteveE

[geowrian 22,335]

There's a difference in name.

There's a difference in that one needs to file for ROC.

Nothing more.

 

33 minutes ago, SteveE said:

My actual reply was...

The actual remark was " You are a "Temporary Permanent Resident" on a two year green card and NOT a permanent resident until you have a 10 year green card (at least based on a marriage based green card)."

1) It's not "Temporary", it's conditional.

2) A conditional permanent resident is still a permanent resident. One does not need a 10 year green card to be a permanent resident.