quote:

Originally posted by scottH:
Ok. Well, I decided not to post anything until I had anything new and productive to say.

We did go and find a lawyer and a second opinion / reassurance at that.

After consulting an attorney I will provide some of the points discusses and clear up some of the unknowns.

• The denial of the I-751 does not constitute fraud. The consequence of the denial is that the person automatically is set back to whatever immigration they had prior to the marriage.
  
  
  Meaning alien loses immigration status. ex. If b2 visa before, then B2 again. If that visa is no longer valid, or if alien was an oversty when marriage took place, then he will once more be the same. Illegal if the visa has expired.
  
  
• It is true that getting married will not help with removing the conditions will the trial about the previous marriage.
  
  No one here told you that getting married again will help you to remove conditions. That has nothing to do with that 751 application process for removal of conditions. Where it will help her is in front of the IJ if he agrees with uscis in denial of the 751 waiver. The IJ will then look at her present situation because she is in removal proceedings. She will tell the judge that she has remarried already. He will ask if there is a submitted I-130, and if it has been approved. If it has not been approved, he will continue the proceeding until such time that the I-130 has been approved by uscis. If the I-130 has been approved already, then he will ask for the adustment of status paperwork based on the new marriage and adjust the status in immigration court or refer her back to uscis for adjustment. This is where getting married again will "help her", as it saves time and steps. It can be a nightmare if you get married during/in the middle of removal proceedings. If you are going to get married anyway, do it before proceedings to save the suspicions
  
  
  
• However, getting married will allow the non US citizen to get another 2 year greencard and the process can be started all over again.
  
  Your lawyer should have explained this to you the way I did above about what to do in this type of situation to avoid the getting married in "removal proceedings"
  
  
• We will go to trial and try to prove our case in front of the judge.
  
  She not "we" will go before the judge. It was a short marriage that did not meet uscis criteria to remove conditions. If you have a nice IJ, you have a 50/50 chance in front of the IJ.
  
  
  If we succeed, within a year we would be able to petition for citizenship. If we were to fail in our appeal, we can still get married and will have to be issued a new green card.
  

If alien succeeds in immigration court and is approved, alien will get 10 yrs card. She will be eligible to apply for citizenship 4years and 9 months from date on her permanent greencard that she was granted. If denied, like I told you before.. already be married when you go to court. Dont wait until you are denied. take a little gander at nightmares of getting married in removal proceedings.

To me, this seems like great news. I hope that this information can help someone else someday with a similar problem.