Remarried with conditional green card

[pushbrk 12,083]

2 minutes ago, manhattan2016 said:

Is that means I cannot apply for new case ?

Correct.  At least not until your removal of conditions is denied.  File now.

[California2020 1]

Just now, pushbrk said:

Correct.  At least not until your removal of conditions is denied.  File now.

Got it thanks 

[geowrian 22,335]

3 hours ago, NikLR said:

However, you will not be able to file the N-400 until you've been an LPR for 5 years FYI. 

Well technically he can file once married to a USC for 3 continuous years still...which sounds like it might be sooner than the 5 year in the OP's case.

 

3 hours ago, manhattan2016 said:

Unfortunately  my first marriage didn’t last for couple months due to issues with her family...I walked to couple lawyers they told me the waiver not gonna work ... 

so my question about applying for new case with my new wife?

You must complete ROC. You cannot adjust status or obtain an immigrant visa while you have permanent residency already.

 

If you were to lose permanent residency, technically you could apply again under the new marriage. However,  you will still need to show that your first marriage was entered into in good faith...if an IO/CO believes you married for fraudulent purposes previously, expect them to believe the same for a new marriage..

 

Just file for ROC.

[Crazy Cat 39,140]

9 hours ago, manhattan2016 said:

Is that means I cannot apply for new case ?

There is no "new case".  Your current Green Card has nothing to do with your current wife........period.  You must file to remove conditions from your green card yourself......Your current wife is not involved.

 

EDIT:  If you still don't understand, then I suggest you hire a professional......check this web site partners.

Edited November 27, 2018 by missileman

[IowacityGuy 152]

12 hours ago, manhattan2016 said:

Is that means I cannot apply for new case ?

Its because its not necessary. You will be able to remove condition if you have proof you entered your first marriage with good faith. 

[Mollie09 1,543]

37 minutes ago, abhatia315 said:

Its because its not necessary. You will be able to remove condition if you have proof you entered your first marriage with good faith. 

And if you don't, you're in trouble already.

[Boiler 43,363]

Fascinated to know a bit more but I doubt we will be told.

[TM92 527]

15 hours ago, manhattan2016 said:

I walked to couple lawyers they told me the waiver not gonna work ...

Recently, there was another user with a similar concern. The response below by @geowrian seems apt, IMO:

On 11/23/2018 at 10:54 AM, geowrian said:

Sure, some people are denied ROC, but that is by far not the norm...no idea where you're hearing so many horror stories.

It's not suspicious at all. ROC explicitly has a process for handling this circumstance.

There are many, many cases on VJ of people completing ROC after a divorce.

 

USCIS data set: https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/All Form Types/Quarterly_All_Forms_FY18Q3.pdf

I-751 (ROC) has a 95% approval rate. The denials are likely administrative (like not responding to an RFE) or due to crimes IMO.

If denied, you can refile up until an immigration judge removes you.

If you challenge a denial with the immigration judge, you get yet another shot to prove your case.

I don't have stats on how often ROC ultimately results in removal due to lack of not having a bona fide marriage, but I wouldn't be surprised if it was in the 1% or less range.

It wouldn't be the first time that lawyers have painted a dark picture in order to drum up business.

[geowrian 22,335]

10 minutes ago, TM92 said:

It wouldn't be the first time that lawyers have painted a dark picture in order to drum up business.

Very true.

Although the details are crucial as every case is unique. In the OP's circumstances here, they have only a few months after entry until as divorce, and a new marriage already, which may increase scrutiny.=

But yeah, either way most ROC cases are (eventually) approved, and filing for ROC is the only realistic action to take here to keep permanent residency.

[California2020 1]

32 minutes ago, geowrian said:

Very true.

Although the details are crucial as every case is unique. In the OP's circumstances here, they have only a few months after entry until as divorce, and a new marriage already, which may increase scrutiny.=

But yeah, either way most ROC cases are (eventually) approved, and filing for ROC is the only realistic action to take here to keep permanent residency.

Ok i will the whole story since i came here to know why the lawyers said that no chance that the waiver gonna work ...

its usually that the American wifes get fraud by the foreign husband but this time am the one who got fraud by the American wife ...

and here is the story... 

I fell in love with her and before i move here we had wedding and family pictures and everything.. we traveled together couple countries which is one of our favorite hobbies...

i was having great life great job and everything before i move here...

since i moved here she told me sorry i have no place to move in my house and she told that she is even have no room for here and she sleeps on couch in her house 

then she told me that i need to work to get house to live in together.. i said ok 

she was always telling me that she is busy for work amd study so we only met couple time them 2 month after i moved here she said that she needs to travel to brazil for internship...

i was tryna to convince her to not go but she traveled and stayed outside the states for 8 months and before she back I figured out that she was in relationship with another guy in brazil and then i got mail for court date for divorcing then i went to the court to divorce....

Before she ask for divorce she was keep asking me for money she said that she needs money for study loand bla bla bla 

and when I refused she divorced me 

thats all what happened 

so we didn’t live together or have any somethings joint that why the lawyers said that the waiver not gonna work

[Sam_Son_83 17]

This is just my opinion, but I wouldn't give up hope with removing the ROC on your own in this situation.

Your situation might have resulted in not having the "regular" proof of a bona fide marriage, but if you think a bit out of the box you might be able to come up with materials that show your intent when you got married. If your intentions weren't to circumvent immmigration, you might very well be able to illustrate it.

 

I myself had not too much of the proof people provid for their ROC, as my dysfunctional marriage was rather short. But I did not receive any RFE and will soon go in for my interview.

 

Things to consider:

1. Longer cover letter, outlining your relationship in detail from beginning to the end (mine was over 10 pages long).

2. Affidavits from people that have witnessed the relationship (I had three from people close to both me and my ex).

3. You could maybe find documents showing transactions supporting your statement of having supported her.

4. Letters, cards, emails, messages, call logs (I provided these for the duration of the entire relationship).

 

Overall, I would start with the ROC waiver. Even in case this doesn't work out, there will still be other avenues.

[California2020 1]

2 minutes ago, Sam_Son_83 said:

This is just my opinion, but I wouldn't give up hope with removing the ROC on your own in this situation.

Your situation might have resulted in not having the "regular" proof of a bona fide marriage, but if you think a bit out of the box you might be able to come up with materials that show your intent when you got married. If your intentions weren't to circumvent immmigration, you might very well be able to illustrate it.

 

I myself had not too much of the proof people provid for their ROC, as my dysfunctional marriage was rather short. But I did not receive any RFE and will soon go in for my interview.

 

Things to consider:

1. Longer cover letter, outlining your relationship in detail from beginning to the end (mine was over 10 pages long).

2. Affidavits from people that have witnessed the relationship (I had three from people close to both me and my ex).

3. You could maybe find documents showing transactions supporting your statement of having supported her.

4. Letters, cards, emails, messages, call logs (I provided these for the duration of the entire relationship).

 

Overall, I would start with the ROC waiver. Even in case this doesn't work out, there will still be other avenues.

Thank you so much 

but i only have 2 options now and i idk which one to go through it 

1- waiting to my green card expires then apply for new case with me new wife 

2- to apply for waiver but as i said i have no evidence here but i have many bona fides before i move here like ( over 2000 chat pages - over 1000 pics and wedding- sending money receipts- like 4 flights tickets- and many things else ) 

idk which one is better to go through 

[geowrian 22,335]

1 hour ago, manhattan2016 said:

1- waiting to my green card expires then apply for new case with me new wife 

The green card expiring does not terminate LPR status. It would (eventually) be revoked for failure to file for ROC, but this would go through removal proceedings and such first. I do not suggest this route unless you're a glutton for punishment.

 

Even if you were to lose LPR status and then file with a  new spouse, they will need to see that the prior marriage was entered into in good faith. No way around that. Showing this as an LPR (via ROC) has a higher chance of succes than trying to do so as a non-resident IMO...LPRs are at least awarded certain rights.

Edited November 29, 2018 by geowrian

[Boiler 43,363]

42 minutes ago, geowrian said:

The green card expiring does not terminate LPR status. It would (eventually) be revoked for failure to file for ROC, but this would go through removal proceedings and such first. I do not suggest this route unless you're a glutton for punishment.

 

Even if you were to lose LPR status and then file with a  new spouse, they will need to see that the prior marriage was entered into in good faith. No way around that. Showing this as an LPR (via ROC) has a higher chance of trying to do so as a non-resident IMO...LPRs are at least awarded certain rights.

True but what is he going to show, seems the met twice after he moved here.

[California2020 1]

1 minute ago, Boiler said:

True but what is he going to show, seems the met twice after he moved here.

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?