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Hendersonmejia

RFE and want to marry another person

By Hendersonmejia in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Hendersonmejia Newbie

Hendersonmejia   0

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Hi, 

I am a conditional GC holder since 2015, me and my wife lived together for 1 year and then moved to different states due to work related issues,  these couple of years have been tough and even though we have seen each other a couple of times we have made our lifes separate,  we filled jointly for the removal of conditions of my conditional GC and it has been 1 year and 3 months after that, today i received an RFE. The issue is that we would like to get a divorce and not continue with our marriage, I've met somebody else and would like to know if i can divorced and marry this new person and then reapply for a new I751 or start the process over, Can i do this? what consequences can i have by doing this?

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Boiler Grand Master

Boiler   43,757

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Filed: K-1 Visa Country: Wales
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You will still need to show that the original marriage based GC was legit.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SalishSea Grand Master

SalishSea   16,903

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Filed: Lift. Cond. (apr) Country: New Zealand
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1 hour ago, Hendersonmejia said:

Hi, 

I am a conditional GC holder since 2015, me and my wife lived together for 1 year and then moved to different states due to work related issues,  these couple of years have been tough and even though we have seen each other a couple of times we have made our lifes separate,  we filled jointly for the removal of conditions of my conditional GC and it has been 1 year and 3 months after that, today i received an RFE. The issue is that we would like to get a divorce and not continue with our marriage, I've met somebody else and would like to know if i can divorced and marry this new person and then reapply for a new I751 or start the process over, Can i do this? what consequences can i have by doing this?

Sounds legit.

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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

You need to complete ROC. Your new love interest has nothing to do with your existing petition and is not eligible to jointly file with you anyway. Only the original petitioner can do so.

 

You can respond to the RFE and request a change to a divorce waiver. That said, you will need a final divorce decree for the interview or else they will send another RFE for it.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Mollie09 Proficient

Mollie09   1,543

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Filed: Citizen (apr) Country: Brazil
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You'll need to prove your first marriage was legitimate, you can't just refile with a new person, you have to see your initial petition through.

If you can't prove your first marriage was legitimate, that's immigration fraud.

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