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Permanent residency through a second marriage to a US citizen

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  • Permanent residency through a second marriage to a US citizen

    Hello. I have a rather complicated question.

    My boyfriend and I are living together for the last month or so. I am a US citizen and he has a conditional permanet residency which he obtained a year ago by being married to another US citizen. Right now they are going through a divorce, but on top of it, he had to file for a restraining order against her, because she has cut him twice during their marriage and also made very threatening calls which he has proof of.
    He has a temporary restraining order against her and is going back to court this week to try to obtain a permanent one. She is a psycho and there is proof. Not only that, but she is an attorney herself and is very afraid that if he receives a restraining order against her, she might lose her attorney license.

    His conditional green card expires next summer. We love each other and want to get married after his divorce is finalized. So my question is:

    Would it be better if he files a waiver when it's time to remove a conditional permannent residency or should I file an I 130 or both?



    Thank you

  • #2
    Hello. I have a rather complicated question.

    My boyfriend and I are living together for the last month or so. I am a US citizen and he has a conditional permanet residency which he obtained a year ago by being married to another US citizen. Right now they are going through a divorce, but on top of it, he had to file for a restraining order against her, because she has cut him twice during their marriage and also made very threatening calls which he has proof of.
    He has a temporary restraining order against her and is going back to court this week to try to obtain a permanent one. She is a psycho and there is proof. Not only that, but she is an attorney herself and is very afraid that if he receives a restraining order against her, she might lose her attorney license.

    His conditional green card expires next summer. We love each other and want to get married after his divorce is finalized. So my question is:

    Would it be better if he files a waiver when it's time to remove a conditional permannent residency or should I file an I 130 or both?



    Thank you

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Would it be better if he files a waiver when it's time to remove a conditional permannent residency or should I file an I 130 or both? </div></BLOCKQUOTE>

      Hi Com2la,

      I think he should follow through and file the waiver for his first marriage provided he has enough evidence to prove it was bonafide.

      Comment


      • #4
        com2la, didn't you just get married just over a year ago to another immigrant? Or have you now divorced?

        I am not judging here but just a thought and maybe 4now or someone else with great knowledge about waivers can explain here..
        Can someone (immigrant) who has only been married for short time and now with someone else (not sure how long) be classed as a bonafide marriage, even though in a way being with someone else can be in some States (like mine) be called adultery?
        Putting the recent abuse aside that is.

        I am asking just out of curiousity and how that works exactly regarding waivers.
        -----------------------------------------------------------------------------------------------
        God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

        National Domestic Violence Hotline:
        1.800.799.SAFE (7233) 1.800.787.

        Comment


        • #5
          Thank you, Proud USC

          Sprint Girl it must have been someone else. I was married 8 years ago and divorced 2 1/2 and had a child with him.

          Comment


          • #6
            If you have the proof and the restraining orders have factual basis, file the waiver. If you file the second I130, USCIS will suspect fraud.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by com2la:
              Thank you, Proud USC

              Sprint Girl it must have been someone else. I was married 8 years ago and divorced 2 1/2 and had a child with him. </div></BLOCKQUOTE>

              Oh sorry, I guess someone else used your ID for other questions (it said I) .

              last question by your ID
              -----------------------------------------------------------------------------------------------
              God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

              National Domestic Violence Hotline:
              1.800.799.SAFE (7233) 1.800.787.

              Comment


              • #8
                Well, the permanent restraining order has not been issued yet and we don't know if it will for sure. I heard that it is really hard to obtain a restraining order unless a person is bein shot at and a child is abused, but there is enough proof of physical and verbal abuse and threats that he can present even if the permanent restraining order is denied. My personal problem is that I am afraid for my safety and my child's. I know that threats sometimes become a reality and who knows what else this woman is cable of. I know she also has criminal friends that she can ask for favors.

                Sprint Girl. You are right. Someone that I know was using my profile thanks for pointing out

                As far as adultry... Don't think so. He wasn't cheating on her even once while they were together living under the same roof. And the divorce papers have been filed 2 months ago.

                Comment


                • #9
                  Wait for divorce to be finalized and then file I-751 waiver (make sure he has evidence it was a bona fide marriage). Use the I-130 as an option only if that doesn't work.

                  Comment


                  • #10
                    The guy is a scammer and you should run away. Restraining orders are extremely easy to get. Doubtful that he was "cut" by her. She is not the psycho, he is.

                    You want proof?

                    You are dating a married man. What does that say about him? More importantly, what does that say about you?

                    You will not listen to this good advice and you will surely suffer the consequences.

                    We will see you back again I am sure.

                    Comment


                    • #11
                      The USCIS will look at the first marriage careful and will have to approve that one before he could get the Removal of Conditions (I-751) lifted. This applies even if he were divorced and you both married. They will still look at the original marriage.

                      The I-751 waiver can be based on either divorce (good faith marriage) or spousal abuse.

                      Personally I'd wait to file the I-130 etc until after any divorce or else it might look like fraud. Remember since he's already a Conditional PR, once the conditions are lifted he can marry anybody without having to file all over again.
                      "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                      Comment


                      • #12
                        Chucky cheese would be desirable even with The cougher that accidently flemmed you!!!

                        I especially like watching These! The manipulation and deciet So very careful. Help The one asking The Question? or Feel For the other???
                        Sociopaths Do exsist And makes contributions extremely difficult!!! are you assisting The The right one??? nothing against this Poster. a general question and Thought.
                        USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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