ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 12

Thread: Permanent residency through a second marriage to a US citizen

  1. #1
    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. #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

  3. #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.

  4. #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.

  5. #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.

  6. #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.

  7. #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.

  8. #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.

  9. #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.

  10. #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.

Similar Threads

  1. Permanent Residency through Marriage
    By in forum Immigration Discussion
    Replies: 100
    Last Post: 06-19-2007, 03:49 PM
  2. Got my Permanent Residency!!!
    By olaolu in forum Immigration Discussion
    Replies: 1
    Last Post: 01-01-2007, 05:27 PM
  3. Permanent residency?
    By cecil_88 in forum Immigration Discussion
    Replies: 2
    Last Post: 11-28-2006, 10:33 AM
  4. Please help: my ex got permanent residency through me..
    By imsad in forum Immigration Discussion
    Replies: 43
    Last Post: 02-15-2006, 08:57 PM
  5. Permanent Residency
    By Yemi Ojo in forum Immigration Discussion
    Replies: 7
    Last Post: 02-19-2004, 09:35 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: