Announcement

Collapse
No announcement yet.

Second marriage to USC before removal of condition

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

  • Second marriage to USC before removal of condition

    Hi everybody,
    Just wanted to know what happens in this kind of situation....if anyone has some clues kindly let me know....if someone gets divorce before removal of condition on his green card. And he gets married to another USC Spouse before filing for waiver I-751. what will happen in this case ? will he still be eligible to file for I – 751 ? or what kind of procedures will he have to go then with his second marriage ? I was going through questions and answers but never got a single case like this before written by someone else...

  • #2
    Hi everybody,
    Just wanted to know what happens in this kind of situation....if anyone has some clues kindly let me know....if someone gets divorce before removal of condition on his green card. And he gets married to another USC Spouse before filing for waiver I-751. what will happen in this case ? will he still be eligible to file for I – 751 ? or what kind of procedures will he have to go then with his second marriage ? I was going through questions and answers but never got a single case like this before written by someone else...

    Comment


    • #3
      If you get divorced you could file a WAIVER under GOOD FAITH MARRIAGE, and if you are divorced you have the right to re-marry, however DO NOT GET MARRIED until CONDITIONS ARE REMOVED, it will be suspicious to BCIS that you married in GOOD FAITH and they MIGHT NOT APPROVE your WAIVER application since you marrying so soon... it might come to light that the motivations for your first marriage was only to get a green card...

      Comment


      • #4
        My lawyer told me that second marriage would be a backup should my good faith waiver be denied. Does anybody know if there is any chance the second marriage based petition will be approved?

        Comment


        • #5
          I think it must be really for not say almost impossible to prove a second marriage in this situation.

          However is just my opinion...

          Comment


          • #6
            Aguila,
            My wife today told me that shes going to seek a divorce and I will file my I-751 at Texas SC this month.

            Do you guys know people who have gotten the conditions removed after divorce and what are the chnces?

            Also, should I tell them when we get separated or just when divorce is final?

            Comment


            • #7
              JOSTO:

              I don't know why but I had the feeling your wife was going to do this, FIND OUT IMMEDIATELY WHAT ARE THE LEGAL GROUNDS FOR DIVORCE IN YOUR STATE.

              I have read 3 stories about people who got approved through internet sites, and read the case of a decision I have been citing lately on my posts... we should not have a problem if we can prove the marriage is bonafide...

              Don't notify BCIS until Divorce Proceedings have been initiated..., also FILE THE AR-11 (I think it is) to show your change of address, this is mandatory for any alien that moves, but speciallly in our case, we have to be given all the information to BCIS about our residence, you don't want to get into problems getting conditions lifted because you did not notify them about your new address.

              Don't let your spouse get the divorce if the ground might hurt you, FIND OUT IF YOU LIVE IN A NO-FAULT STATE.

              For the divorce I can help you answering the complaint, because family lawyers are very expensive, between $100 to $200 an hour.

              Make a final attempt to have your wife not filing divorce.

              Get her signature on the I-751 immediately!!! even if you don't have to send now, YOU MUST GET THE SIGNATURE FOR YESTERDAY!!!! because if she starts playing with that in order to get your divorce you will be in BIG TROUBLE, like getting into divorce proceedings and asking the immigration judge for time to get your divorce final and then file an I-751 with a WAIVER PROVISION.

              BE AWARE also of the ASSETS, MONEY IN BANKS that she could take without your consent, make sure you have copies of your income taxes that have filed jointly...

              That's what comes to my mind, if you need advice let me know as what to do, I have stopped my divorce from happening at least for 6-8 more months...

              Comment


              • #8
                what does NO FAULT state mean? How do I know whether my state is one?

                Comment


                • #9
                  what does NO FAULT divorce state mean?

                  Comment


                  • #10
                    Hi Halali and Josto,

                    This is what I had found on "No Fault Divorce."

                    Website:

                    http://cobrands.public.findlaw.com/f...aw/chp8_c.html

                    The party seeking a divorce must state a ground for divorce in the papers filed with the court. The grounds may be based on no-fault or fault, depending on the state. All states now offer no-fault divorces; approximately thirty-two states also offer fault-based grounds as an additional option.

                    A no-fault divorce is a divorce in which neither the wife nor husband blames the other for breakdown of the marriage. There are no accusations necessary to obtain a divorce--no need to prove "guilt" or "fault". Common bases for a no-fault divorce are "irreconcilable differences," "irretrievable breakdown," or "incompatibility." As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame.

                    Another common basis for a no-fault divorce is that the parties have lived separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent.


                    To be 100% sure if your state qualifies for a "No Fault Divorce," I believe you can contact your County's Clerk Office.

                    Good Luck to the both of you and hope this helps!

                    Comment


                    • #11
                      NO-FAULT DIVORCE: means that none of the parties HAS FAULT for the MARRIAGE FALLING, basically you don't have to prove adultery, phsysical or mental abuse, deviant sexual behaviors, etc...

                      For example in NY the couple must live separated for 1 year, but before that they must file some sort of agrement that they are going to get separated, after a year goes by since the filing of that agreement any of the parties can request a divorce, and this one would be a NO FAULT divorce.

                      In NJ separation must be for 18 months, however you don't need to file any kind of agreement like NY, but you have to prove that you are separated from your spouse for that time.

                      There is a big difference, in getting a NO-FAULT and a FAULT divorce and the impact on your I-751 and posibilites of having conditions removed will be huge.

                      See if your wife alleges that you are a mental abuser, or physical abuser, or that you commited adultery, etc it is very bad.. get my point?

                      Also I find this website that might be very interesting and talks about divorce and aliens overcoming marriage fraud:

                      http://www.divorcehq.com/articles/alienfraud.html

                      Hope it helps...

                      Comment


                      • #12
                        If your spouse will not sign the I-751 and you have seperated and/or initiated divorce you will have a BIG problem. The BCIS has issued a very specific memo indicating that a divorce must be FINAL if you are applying for the joint signature waiver on the I-751...

                        ARQU

                        Comment



                        Working...
                        X