Announcement

Collapse
No announcement yet.

Marrying during pendency of I-751

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Marrying during pendency of I-751

    Does anyone know what is the position of BCIS regarding conditional residents who re-marry during the pendency of an I-751?

  • #2
    Does anyone know what is the position of BCIS regarding conditional residents who re-marry during the pendency of an I-751?

    Comment


    • #3
      At what point in the I751 process did the conditional resident divorce?

      Comment


      • #4
        Do you have a waiver I-751 petition pending? Which ones were your waiver grounds?

        Comment


        • #5
          I don't think it matters too much. Their main concern is the validity of the first marriage. The second marriage could convey the image that you don't take marriage all that seriously though which is obvious to me but maybe not to BCIS. It seems that it is pretty easy to get conditions removed. What the hell, everyone else comes here illegally, whats another one ? And what, if you don't get the conditions removed, you reapply using this latest ****er. It's all just a game to you grints isn't it ?

          Comment


          • #6
            Michael:
            Somewhere on another thread I seem to recall an excerpt from INS law which stated (not verbatim) that they only look into the viability of the first marriage if there was an allegation of fraud. In fact if I recall correctly the second marriage's legitimacy has more bearing than the first unless there was fraud.

            Comment


            • #7
              Swissnut and Aguila 18 ... and anyone else with knowledge with respect to this topic:

              The conditional resident I referred to in my original query filed the I-751 after the divorce proceedings had commenced but before the divorce was finalized. No interview has been scheduled as of yet. The waiver was filed on abuse grounds. I'm wondering how BCIS views these cases where conditional residents re-marry during the pendency of the I-751. Have you heard of "Stockwell Proceedings"? Thanks.

              Michael -please refer to the discussion board policy regarding the use of offensive language.

              Comment


              • #8
                So if I understand correctly the PR filed alone on the abuse wiaver, and there is no joint I751 in place. Is that correct?

                No I have noit heard of stockwell proceedgins, but I have herd of a Stoke's interview.

                Comment


                • #9
                  One of Sammy's post and some other posts I read on different message board remind me your question. Your second marriage has nothing to do with validity of your first marriage but it will still jeopardize I 751 with BCIS, as they don't look positively in this kind of cases. Should your application get revoked, it will be extremely hard to prove your second marriage legit in BCIS.... Pasha

                  Comment


                  • #10
                    If you filed on abuse waiver I don't think it will be a big issue, were you battered? were you subject to extreme mental cruelty? What type of documentation did you send along with your I-751?

                    Comment


                    • #11
                      The more I learn about your case, the more I tend to believe that what Pasha says is correct. If you had divorced prior to filing I751 on the basis of a bona fide marriage then perhaps a second amrriage so soon would not look amiss.

                      But filing a I751 waiver and then marrying during its pending situation looks a little fishy to me.

                      Sammy did post that any manuevering during this stage in the process is very unwise and causes USCIS to think that the second marriage is done to evade the immigration laws.

                      You still did not answer my question...I'd like to revise it. Was there a joint I751 filed at all, and then withdrawn? Or did the PR simply file the I751 battered waiver?

                      Comment


                      • #12
                        It seems that she filed waiver I-751. Joint was never filed.

                        I don't think she will have problem to get her I-751 approved if she really qualified for the waiver that apply for and that is clearly and well presented.

                        However, if it is denied, then you will have a VERY HARD time to get another AOS successfully

                        Comment


                        • #13
                          Ok I remember one fraud case that should help little to understand this point...this is not a story or movie script but reality. I knew a guy in my own city in India. He got married to somebody from here due to family reason but he didn't want to get married. He was forced for that marriage. He had a GF but you know how things happen sometimes due to cast difference in India. These cases are not in majority but sometimes it does happen. After coming to USA, he told his GF to get married to somebody from here. So she did the same thing. When she came to USA, she filed for divorce.... that guy filed divorced too and they both got married ...that guy had already removed conditions before filing divorce but girl couldn't. ...And they had very hard time removing conditions. ...They spent enough bucks hiring lawyers and stuff like that.... but now u can realize how will second marriage right after divorce and pending I-751 might look to BCIS...Pasha

                          Comment


                          • #14
                            Ok I remember one fraud case that should help little to understand this point...this is not a story or movie script but reality. I knew a guy in my own city in India. He got married to somebody from here due to family reason but he didn't want to get married. He was forced for that marriage. He had a GF but you know how things happen sometimes due to cast difference in India. These cases are not in majority but sometimes it does happen. After coming to USA, he told his GF to get married to somebody from here. So she did the same thing. When she came to USA, she filed for divorce.... that guy filed divorced too and they both got married ...that guy had already removed conditions before filing divorce but girl couldn't. ...And they had very hard time removing conditions. ...They spent enough bucks hiring lawyers and stuff like that.... but now u can realize how will second marriage right after divorce and pending I-751 might look to BCIS...Pasha

                            Comment


                            • #15
                              A waiver for abuse is one of the toughest ones to get and should be avoided. It is much easier to get divorce and file a good faith waiver. This person is a fool.

                              The King of the Grints has spoken

                              Comment



                              Working...
                              X