I751 issues

[Aroley]

Hello , I have been granted permanent residency in 2001 . I was married to my first husband for about 2 years and obtained my conditional residency afterwards and petition I751 to remove conditions in 2005 . I have remarried then and currently married to my second husband. I tried applying for citizenship 2007, 2011 ,2015 and recently 2021. All of the time the applications were denied due to moral character and I never understood what was causing the rejection . I received a notice of intent to terminate conditional permanent residence status stating that I failed to establish the marriage which I gained my status was entered in good faith . I have 30 day to respond to notice and failure to do so will result in denial to remove the conditions on my residence . I m extremely confused and unsure what to do . My current green card expires in 2026 , does this mean my card will be revoked? What do I do ? What are my options?

 

[newacct]

If you became a conditional permanent resident in 2001, it would end in 2 years (i.e. in 2003), and you would normally need to apply for removal of conditions in the 90 days before the 2 years ends. So you would normally have applied for removal of conditions in 2003, not 2005. Did you apply for removal of conditions on the basis of remaining married? or on the basis that you were divorced? Are you saying that your removal of conditions has been pending from 2005 until now (17 years)? Otherwise why are they trying to terminate your conditional permanent residence? (If your removal of conditions were approved, you would have become a non-conditional permanent resident.)

 

[Sm1smom]

1. How did you obtain the current GC set to expire in 2026?
2. If you received your conditional GC in 2001, you were supposed to have filed for removal of conditions in 2003, not 2005. Anyways, what was the outcome of the conditional removal you filed in 2005? Still pending?

As to what your options are, you need to respond and answer the questions being asked in this forum. And if you’re not willing to do that, then you need to go find yourself a lawyer and discuss your situation with them.

 

[Aroley]

If you became a conditional permanent resident in 2001, it would end in 2 years (i.e. in 2003), and you would normally need to apply for removal of conditions in the 90 days before the 2 years ends. So you would normally have applied for removal of conditions in 2003, not 2005. Did you apply for removal of conditions on the basis of remaining married? or on the basis that you were divorced? Are you saying that your removal of conditions has been pending from 2005 until now (17 years)? Otherwise why are they trying to terminate your conditional permanent residence? (If your removal of conditions were approved, you would have become a non-conditional permanent resident.)

Sorry for the delayed response , my conditional residency was removed in 2005 and was granted permanent residency then . My first marriage ended less than 2 years due to my ex then filing for divorce and had a child outside of the marriage so we filed jointly now knowing that I was supposed to filed a petition on my own so when I applied for citizenship that s when they advised that I should not have been granted the removal of my conditional . I have been married again since 2005 and still currently married to my second husband . So I am unsure what this mean . I just received “notice of intent to terminate conditional residence status “giving me the opportunity to respond in writing. I already drafted the letter explaining this and wanted to know what my options were . I hope this provide more clarity . My marriage was entered in good faith and all the documents with me and my ex husband had been provided, no criminal background and has been working and paying taxes each year . I wanted to know if my status can get adjusted and if I have to go through entire steps over . Thanks again for the prompt response

 

[newacct]

Sorry for the delayed response , my conditional residency was removed in 2005 and was granted permanent residency then . My first marriage ended less than 2 years due to my ex then filing for divorce and had a child outside of the marriage so we filed jointly now knowing that I was supposed to filed a petition on my own so when I applied for citizenship that s when they advised that I should not have been granted the removal of my conditional . I have been married again since 2005 and still currently married to my second husband . So I am unsure what this mean . I just received “notice of intent to terminate conditional residence status “giving me the opportunity to respond in writing. I already drafted the letter explaining this and wanted to know what my options were . I hope this provide more clarity . My marriage was entered in good faith and all the documents with me and my ex husband had been provided, no criminal background and has been working and paying taxes each year . I wanted to know if my status can get adjusted and if I have to go through entire steps over . Thanks again for the prompt response

So are you saying that you applied for Removal of Conditions jointly with your spouse, on the basis that you were still married, but you had already divorced, and the joint Removal of Conditions was approved anyway?

 

[Aroley]

So are you saying that you applied for Removal of Conditions jointly with your spouse, on the basis that you were still married, but you had already divorced, and the joint Removal of Conditions was approved anyway?

Yes . I tried applying for N400 a few times and it got denied and I received letter stating it was due to moral character and I never understood so this last time my lawyer got involved and file and it got denied again and that is when the letter was sent explaining that my 751 shouldn’t got approved since my first marriage ended so technically they saying that they are going to terminate the conditional residency. Not only I was not eligible for citizen but now my residency is in question . They do have all of the documents for my application on file still . The problem we relocated to LV and going trough a new ins jurisdiction and we filed everything in Ohio back then and I don’t know how to proceed . I told my current husband that we may need to get another attorney . This is a lot and very stressful

 

[Aroley]

1. How did you obtain the current GC set to expire in 2026?
2. If you received your conditional GC in 2001, you were supposed to have filed for removal of conditions in 2003, not 2005. Anyways, what was the outcome of the conditional removal you filed in 2005? Still pending?

As to what your options are, you need to respond and answer the questions being asked in this forum. And if you’re not willing to do that, then you need to go find yourself a lawyer and discuss your situation with them.

My apologies I missed this thread. My initial GC was from 2001 to 2016 and I filed for an extension in 2016 . It has been extended for 10 years . The condition on my green card was removed in 2005 . Thanks again!

 

[Sm1smom]

My apologies I missed this thread. My initial GC was from 2001 to 2016 and I filed for an extension in 2016 . It has been extended for 10 years . The condition on my green card was removed in 2005 . Thanks again!

I’m more confused by this information than I was with what you originally provided. I think you do need to talk to a lawyer at this point. This doesn’t seem like a DIY case IMO.

 

[SusieQQQ]

If you became a conditional permanent resident in 2001, it would end in 2 years (i.e. in 2003), and you would normally need to apply for removal of conditions in the 90 days before the 2 years ends. So you would normally have applied for removal of conditions in 2003, not 2005.

Can you clarify regarding the above - did you apply on time and ROC took two years to process, or you applied late?

Did you originally enter on a K1, or on a CR1 visa? Is your current husband a citizen?

What does your lawyer say about the situation?

 

[newacct]

Yes . I tried applying for N400 a few times and it got denied and I received letter stating it was due to moral character and I never understood so this last time my lawyer got involved and file and it got denied again and that is when the letter was sent explaining that my 751 shouldn’t got approved since my first marriage ended so technically they saying that they are going to terminate the conditional residency. Not only I was not eligible for citizen but now my residency is in question . They do have all of the documents for my application on file still . The problem we relocated to LV and going trough a new ins jurisdiction and we filed everything in Ohio back then and I don’t know how to proceed . I told my current husband that we may need to get another attorney . This is a lot and very stressful

So your jointly-filed I-751 was approved in error, since you were already divorced. It sounds like they basically reopened that I-751 and denied it.

I think you have two options:

1. File I-751 again now, on the basis of divorce (basically, what you should have filed in the first place). Although it has been many years since your 2-year card expired, there is no time limit to file Removal of Conditions on a waiver basis (i.e. any basis where you file by yourself, including divorce). You can file Removal of Conditions on a waiver basis at any time up until you are removed. Even if you were placed into removal proceedings in immigration court, you can still file Removal of Conditions with the immigration judge. You should be able to get I-551 stamps while your I-751 is pending. And when your I-751 is approved, you should be considered to have been a permanent resident the whole time.

2. If your current spouse is a US citizen, file I-130 and I-485 for Adjustment of Status to get a green card from scratch. Although there is a rule that conditional permanent residents cannot apply for Adjustment of Status again, Matter of Stockwell ruled that if the person's conditional permanent residence is terminated, this bar no longer applies, and they can apply for Adjustment of Status. See 7 USCIS-PM B.7(G). Note that if you go this route, your spouse will have to do an I-864 Affidavit of Support for your I-485, and it will mean that when your I-485 is approved, you will be considered a permanent resident only starting from that point, and have to wait a few more years to naturalize.