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  • Second Marriage

    Hi all,

    I currently have a conditional visa green card based on marriage to USC. Marriage was entered into in good faith and we were married for 17 months in the UK before coming to the USA. About six months ago (after being in USA for about six months) - we started to experience problems with our relationship and has progressed further since. She met someone else and has expressed interest in getting a divorce. Now, I too have met someone else, but certainly not sure about getting married to them yet...but my question is this...

    If I don't apply for good faith waiver on current marriage, is it possible to have a second marriage and apply for another 2-year conditional visa?

    Any information/links/research/experience greatly appreciated.

    Many thanks,

    Joe

  • #2
    Hi all,

    I currently have a conditional visa green card based on marriage to USC. Marriage was entered into in good faith and we were married for 17 months in the UK before coming to the USA. About six months ago (after being in USA for about six months) - we started to experience problems with our relationship and has progressed further since. She met someone else and has expressed interest in getting a divorce. Now, I too have met someone else, but certainly not sure about getting married to them yet...but my question is this...

    If I don't apply for good faith waiver on current marriage, is it possible to have a second marriage and apply for another 2-year conditional visa?

    Any information/links/research/experience greatly appreciated.

    Many thanks,

    Joe

    Comment


    • #3
      "no go" Joe. Why would you not file a waiver form I751 on the first marriage? Any subsequent marriage based petition approval would be based upon proof that both marriages were genuine, anyway.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        Well, that is what I was thinking...but I'm just wanting to go the most conducive route. I know very little about the waiver form I751. Does anyone have information about the success rate for this? Are interviews a necessity? What evidence would be required? Any relevant pages / information would be greatly appreciated.

        Many thanks,

        Joe

        Comment


        • #5
          Simply put, you cannot apply again for C-LPR status. While there has been some discussion about how conditional residents are not permanent residents for AOS purposes, chances are any court will deny another 485 based on the fact that you are already a conditional resident.
          If a marriage was entered into for more reasons than immigration alone it is not considered to be a sham for immigration purposes. It's only illegal when immigration is the one and only reason the marriage occurred. USCIS is not Dr. Phil and will not judge the viability of a marriage, they have tried to do so in the past (Matter of Sosa) but BIA put an end to this non-sense.
          I happen to believe in the remarks stated by the 9th circuit, that if the marriage is no longer in existence the approval of the 485 will defeat the basic purpose of AOS, family unity. But the BIA considers this a matter of law and the issue is now settled.
          This is NOT legal advice. If you need legal help contact an attorney.

          Comment


          • #6
            It's been a long day. I'm not sure if I'm following the above because my mind just couldn't make full sense of what was being said.

            Are you saying that I should apply for waiver or not? Second marriage is not viable option under any circumstances?

            I have plenty of evidence for my current marriage as it was legitimate and wasn't entered into to for immigration purposes.

            I would be grateful for any clarity!

            Thanks!

            Comment


            • #7
              Simply put, Houston is saying that conditional status would not be possible, since you are already a permanent resident (albeit conditional). Proceed with the removal of conditions on your current marriage on the basis that it was a bona fide marriage that terminated in divorce.
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment


              • #8
                Sappyconifer,

                I'll be soon applying for removal of condition on the basis of bona fide marriage.
                Ironically, my divorce is likely to be final a few days before I'm eleligiblel to apply(following the immigration timeline)
                Today, I finally got an agreed settlement with my ex husband. The final hearing is gonna be next week and the good news is, I may be able to get the divorce decree the same day(according to the clerk in that department).
                Anyways, once I get the divorce decree, I'll be able to apply for removal in a timely manner.
                My question is: what evidences of bona fide marriage should I file together with the divorce decree?
                Also, how much does a paralegal usually charge for helping and/or advising you on how to file for removal of condition?
                Appreciate your help.

                Comment


                • #9
                  Joe,

                  My situation was similar to yours. I was condtional resident but could not able to remove the condition on time because of pending divorce. I was put on a deportation hearing once immigration terminated my status. IJ refused to allow me time for my divorce to be final. I filed appeal with BIA. Appeal got denied on the basis that the discretionary authority of IJ cannot be challenged. I was married long enough and had enough evidences.

                  I'm now back to my home country. I somewhat blame for the wrong advices I received from paralegals and attorneys along the process. So act cautiously.

                  Comment


                  • #10
                    That was real good advice, do not limit yourself to some message board. Comments here are just that, comments, not legal advice. You should consult face to face with an attorney in order to get the proper answers to your questions.
                    In any case, it's common knowledge that failure to attend the interview for removal of conditions will result in proceedings against you.

                    Comment


                    • #11
                      Quoted from Mrs. lonely heart
                      -----------------------------
                      My question is: what evidences of bona fide marriage should I file together with the divorce decree?
                      Also, how much does a paralegal usually charge for helping and/or advising you on how to file for removal of condition?
                      Appreciate your help.

                      I also would like to know the above ^ answers!
                      Many thanks!

                      Comment


                      • #12
                        Aussi_Girl - thanks for the advice. Much appreciated and I will act on it (cautiously)!

                        Sappyconifer - thank you for the translation! I'm experiencing information overload at this point.

                        Houston - thank you too for your advice and I will be contacting an attorney, it's just this message board may help me discern the process more clearly.

                        General question:- is it possible to submit joint petition and then re-file after divorce with good-faith waiver, before the interview period.

                        Another question:- once granted unconditional status, is it possible to get re-married? What's the waiting period, if any?

                        Comment


                        • #13
                          Aussi girl,

                          An alien's conditional status expires two years from the date of issuance of the conditional green card. Unfortunately, when divorce is underway but not final by the end of the conditional period, technically the alien falls out of status and can be subject to removal. Although it has not been prescribed procedure with all Service Centres, it's always advisable that if an alien is nearing finality of the marriage but suspects he/she may not have a decree prior to I751 filing time, a letter to the Service Centre and the local district office to alert them to that fact may stave off any haste to issue notice of removal. In any event, once status has been terminated it is the Service's discretion whether they will allow for an untimely filing of a waiver. Further, filing the waiver late does require explanation that the alien was not at fault for the untimely filing.

                          What you did not share was whether or not it you were the party that initiated divorce.
                          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                          Comment


                          • #14
                            If the marriage is still legally intact the parties can file a joint waiver. If divorce occurs the alien should withdraw the joint petition and replace it with a waiver.

                            Waiver of the joint filing requirement for the I751 on the basis of a good faith marriage requires all the same bona fides of marriage as a joint petition does, in addition to a divorce decree.

                            Evidence of co-mingled social and financial lives for the two year conditional period could be, but are not limited to:

                            Joint lease or mortgage
                            Joint tax returns
                            Joint bank account statements
                            Evidence that the parties lived together - utility bills, correspondence, invitations from others to the same address, driver's license
                            Joint credit card bills
                            Evidence that the parties travelled or vacationed together, family gatherings
                            Birth certificates of any children born to the marriage
                            Insurance policies naming each other beneficiary
                            Deeds, vehicle titles, stocks, bonds in joint names
                            Affidavits from friends and close colleagues
                            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                            Comment


                            • #15
                              Houston,

                              Can you expand a bit more on your posting for April 12, 2006 at 11:51 AM.

                              Comment



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