conditional GC and divorce/re-marriage in the US?

C

cornfoosed

New Member
Hi,

I have a question about a conditional green card (through marriage to a US citizen) and divorce/remarriage. I have been good friends with this woman who came here on a fiance visa in June 2002. She married her fiance in Sept 2002 and was granted her conditional permanent resident status in Nov 2003. So they have to ask for the condition to be removed approx Sept 2005 so that she can stay here.

The problem is that her marriage has become unbearable to her because he has completely stopped giving her any kind of love or affection. She is very miserable and wants out desperately. The other complication is that during our friendship, we have fallen deeply in love and want to get married (I am also a US citizen). I guess the question is: Can she divorce him and re-marry quickly without being deported? Does that totally cancel out her residency status? Or does she have to tough it out and live in misery for another year to be safe?

She talked about just going back to the Phillippines and starting over with me with a fiance visa, but is afraid that she might not be able to come back after all of this. This is a very heartbreaking ordeal for us and I greatly appreciate any information that might help.
 
cornfoosed said:
Hi,

I have a question about a conditional green card (through marriage to a US citizen) and divorce/remarriage. I have been good friends with this woman who came here on a fiance visa in June 2002. She married her fiance in Sept 2002 and was granted her conditional permanent resident status in Nov 2003. So they have to ask for the condition to be removed approx Sept 2005 so that she can stay here.

The problem is that her marriage has become unbearable to her because he has completely stopped giving her any kind of love or affection. She is very miserable and wants out desperately. The other complication is that during our friendship, we have fallen deeply in love and want to get married (I am also a US citizen). I guess the question is: Can she divorce him and re-marry quickly without being deported? Does that totally cancel out her residency status? Or does she have to tough it out and live in misery for another year to be safe?

She talked about just going back to the Phillippines and starting over with me with a fiance visa, but is afraid that she might not be able to come back after all of this. This is a very heartbreaking ordeal for us and I greatly appreciate any information that might help.
Click to expand...

She can file for divorce. Once divorced, she can immediately file an I-751 to remove conditions based on a good faith marriage that ended in divorce. She will need to prove that she married her husband in good faith. She does not need to wait until September 2005 to file an I-751 on this basis but the divorce must be final.
 
Is this risky? Is there a chance that she could be deported? How hard would it be and how could she prove that she married in good faith? Obviously her husband would not be very cooperative if she divorced him. I would certainly hate to take a gamble if it's risky and have a tragic outcome.

Again, thanks for your help. I greatly appreciate it.
 
cornfoosed said:
Is this risky? Is there a chance that she could be deported? How hard would it be and how could she prove that she married in good faith? Obviously her husband would not be very cooperative if she divorced him. I would certainly hate to take a gamble if it's risky and have a tragic outcome.

Again, thanks for your help. I greatly appreciate it.
Click to expand...

Risky? Well, I guess but there was a chance, even if she stayed with him, that the conditions would not be removed. If she can prove that they married in good faith (they needed to prove that at the original I-130 interview and it is the same type of documentation) then she should be ok. Since there is a high level of concern here, my recommendation would be to retain an attorney to handle the case since an experienced attorney can help assemble proof of a good faith marriage and can also prepare her for an interview.
 
i'll say it's a bit complicated but going back to her home country will make it worst. if you're planning to get married not because for convenience there should be no problem, all you need is a lawyer that will help you represent and prove it properly to the immigration people
 
Remarriage is not necessary. File for divorce and then file an I-175 to remove the conditions based on a good faith marriage that ended in divorce. If there is documentation to prove that the marriage was in good faith, there should not be a problem. If there is not documentation to prove the marriage was in good faith, remarriage is not likely to help.
 
What kind of "documentation" would satisfy this requirement? I worry that it's gonna be his word against hers and of course he isn't going to be nice about it being the "dumpee". Thanks for all the input.

...and as far as remarriage, we want to marry simply because we love each other. We would be already if it wasn't for all this immigration stuff. That's the long and short of it really. :)
 
How can you prove you entered the marriage "in good faith" if you are divorcing your husband in less than 2 years because you want to marry someone else? I think its kinda risky to go this route.
 
I believe the lawyer Jim is correct

the correct form is I-751 not I-175

but don't marry her until she gets that permanent GC and all restrictions are removed.

that seriously could get her deported simply because she came her on a fiancee visa.

regardless of what route you go she has to get devorced first.

but I would have her consult a lawyer first.
 
how much time it takes for I-751

Hello
Do you know how much time it takes for I-751 approval. It was filed in San Francisco.

thx
 
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