help please
- Thread starter stephiny
- Start date
What happened to your conditional GC? Did you file the I-751 and ask for a waiver to the joint filing requirement to get the conditions removed? As long as the original marriage was entered into in Good Faith - you should have been able to get the conditions removed and have your 10-year GC.
In the 1st marriage, my husband likes to spend money much beyond our budget and also he likes to invite people come to our house no matter I like her or not. So we fighted a lot and finally he petitioned divorce before I filed I-751 1 year ago. Of course, i lost my status immediately.
Here I met this new guy, if we get married, can he apply a new green card for me? I am worried due to the previous marriage.
Here I met this new guy, if we get married, can he apply a new green card for me? I am worried due to the previous marriage.
You did not loose you status immediately and you were able to file the I-751 by yourself - along with a waiver requesting you not be required to file jointly due to a divorce. Sorry - but I don't know the exact steps to follow for this - but you could search this forum for threads that deal with divorces. There will be many of them that might help to show how to file even after a divorce.
BUT - What is/was the expiry date on the Conditional GC? Is it still valid?
PraetorianXI
Banned
you did not lose status immediately. You were supposed to file the I-751 immediately after the divorce was final, with the waiver of joint filing and enough evidence that the marriage was entered in good faith.
Did your GC expire already?
Did your GC expire already?
PraetorianXI
Banned
we said the same thing, at the same time
Yeah - but mine showed up first - so I beat you. na - na - na - na
(Sorry - been listening to my 4 year old too much!)
So - does that mean I was right?!?!?!
Thanks for all of the reply.I didn't know I can do it by myself. My conditional is still valid. But you guys think which way will be better and easier: Apply a removal of my condition by myself or get married with the new guy and apply a new green card through him?
We can't really say which would be easier or not but this would be my take on it.
The key to removing the conditions is to prove that the original marraige was entered into in good faith.
Now - If I were USCIS and someone got a Conditional GC thru marriage and the marriage broke down (which does happen) - but the person did not even attempt remove the conditions, then I would suspect that they couldn't prove the marriage was in good faith. If within the same 2 years of the conditional GC the same person divorced and re-married and re-applied for another GC - then I would be very suspicious.
You have to decide for yourself how it would look to USCIS. Plus - if you try to remove the conditions yourself - you pay the fee (under $600 I think) and if successful - you have your GC and then after you've had it for 5 years (from the date the conditional GC was approved) you could apply for citizenship. You could not apply after only 3 years since that requires you to remain married to the SAME USC that you were with when the GC was approved the first time.
If you go with the new filing - you have to do the medical exam again, pay the I-130 ($355) and I-485 ($1010), just to get your Conditional GC again, then after 2 years, file the I-751....
I personally would at least make a good faith effort to do the I-751 and see what happens. This should at least prove that you felt the marriage was entered into in good faith. But it's up to you.
austriacus
Registered Users (C)
Plus, if you can remove the condition based on your previous good faith marriage, your spendful ex-husband has to pay for you if you become a public charge, as opposed to the new man in your life. 
Plus, if you can remove the condition based on your previous good faith marriage, your spendful ex-husband has to pay for you if you become a public charge, as opposed to the new man in your life.
Hmmm.. never thought of it that way. I guess if he was the sponsor, he will still remain to be the sponsor.
Does she still have to get employment letters or anything from him in the case where she files separately? I don't know much about the I-751 requirements, so I can't help much there.