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Thread: Best Options given I751 Waiver and marrying another USC

  1. #1
    I would appreciate some advice on the following situation:

    The love of my life has a Conditional Green Card (CGC) with expiration of 03/2009.
    The (soon to be) previous marriage started 05/2006 and the CGC was issued 03/2007.
    The divorce will be final 01/2009 – two months before CGC expires.

    I have read through all the similar previous posts, and they are mostly reactionary – 751 denied, removal proceedings started, IJ agrees with USCIS’s denial, etc, but that isn’t yet the case here.

    1. I am the USC and want to marry my love immediately, but was curious about the effect of this new marriage on the waiver request – On the I-751 Part 3, Question 8 asks “ If you are married, is this a different marriage than the one through which conditional residence status was obtained?” If the I751 is based on the good faith of the first marriage, what is the purpose of this question?

    2. Also, if we are married while the I-751 is in process, when do I file the I-130? Based on some other posts, it sounds like this should be filed if USCIS denies the waiver and removal proceeding start – before having a hearing with the IJ – Is this correct?

    3. Our current plan is to attempt the I-751 with the fallback being the I-130, I-485 route (or I-130 to another CGC if the IJ acts as 4now has indicated in previous posts). If the main concern is to be married and not have risk of removal, is this still the best path, or is there another way (e.g. waiting till end of this CGC and starting the CGC process from scratch)?

    4. Given the situation, is there a ‘better’ or ‘worse’ time to get married? We just want to get our collective life going, want to be husband and wife ASAP, and not want to be parted or have to move to another country.

    Thanks for any assistance.

  2. #2
    It is important to know that an intended marriage will not help your future husband. What is also important is if the first marriage was legitimate. If it was legit, then his 751 will likely be approved. If you are not married and he is denied the 751 and placed in proceedings, marriage then will as if it is being used to avoid deportation. Get married now and if the 751 is denied, you will have a valid ongoing marriage for use in appeal or removal proceedings. However, if the first marriage was not legit, then a second marriage will be of little help because fraud will be presumed for the second marriage.

    Give us some details of the first marriage. Did his ex wife admit or allege any fraud? How long living together, how long knew eachother before the marriage.

  3. #3
    They knew each other for 2 years before the marriage (nearly 5 years now) living together for nearly 4 years.

    No fraud, just irreconcilable differences.

    The marriage was a good faith marriage. When the divorce is complete, there will be pages upon pages of deposition illustrating this fact (I assume this can be included in the I751 material.).

  4. #4
    Originally posted by LFV505:
    I would appreciate some advice on the following situation:

    The love of my life has a Conditional Green Card (CGC) with expiration of 03/2009.
    The (soon to be) previous marriage started 05/2006 and the CGC was issued 03/2007.
    The divorce will be final 01/2008 – two months before CGC expires.

    I have read through all the similar previous posts, and they are mostly reactionary – 751 denied, removal proceedings started, IJ agrees with USCIS’s denial, etc, but that isn’t yet the case here.

    1. I am the USC and want to marry my love immediately, but was curious about the effect of this new marriage on the waiver request – On the I-751 Part 3, Question 8 asks “ If you are married, is this a different marriage than the one through which conditional residence status was obtained?” If the I751 is based on the good faith of the first marriage, what is the purpose of this question?

    2. Also, if we are married while the I-751 is in process, when do I file the I-130? Based on some other posts, it sounds like this should be filed if USCIS denies the waiver and removal proceeding start – before having a hearing with the IJ – Is this correct?

    3. Our current plan is to attempt the I-751 with the fallback being the I-130, I-485 route (or I-130 to another CGC if the IJ acts as 4now has indicated in previous posts). If the main concern is to be married and not have risk of removal, is this still the best path, or is there another way (e.g. waiting till end of this CGC and starting the CGC process from scratch)?

    4. Given the situation, is there a ‘better’ or ‘worse’ time to get married? We just want to get our collective life going, want to be husband and wife ASAP, and not want to be parted or have to move to another country.

    Thanks for any assistance.
    Hello LFV and welcome to the forum

    If you love each other and wish to be married, then so be it and do it . When the divorce is final , then proceed to get married. This does not have anything to do with immigration process. However, timing is everything as federale86 points out.

    If your fiancee is applying for the 751 waiver, then let that process go forward, you will be married but do not file a I-130 for her unless she is denied on the 751 waiver. If she is denied and goes into removal before an IJ, You will file the petition for relative,& aos package and the case will be continued until the I-130 is approved.


    If there are no fraud indications in the first marriage, then that will be a plus for her in the 751 waiver process. The only problem that I am seeing in the removal of conditions is the length of marriage by uscis standard. The marriage did not make the 2 years conditional period.

    When did they seperate and when was the divorce filed? Is it a fault divorce and who filed the divorce? {ie.. adultery . etc) Was there any marriage counseling done before the divorce was filed? These are all big factors used for uscis in deciding an approval or denial on the 751 waiver.

    Keep in mind that the evidences that are going to have the biggest impact are the new or ongoing ones since the first interview. Ongoing joint finances, and joint purchases etc.


    Good luck and congrats on finding the love of your life.


    PS. The only other thing that would matter is if she came on K-1 fiancee visa with him. then she would have to return home first before another marriage for aos purposes. I dont think that is the case , as you said she lived with him for couple of years before marriage.

  5. #5
    Another fraudster on the board pretending to be nice to assist friend and scre.w USC.
    If Democrats Had Any Brains, They'd Be Republicans

    Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!

  6. #6
    Really such an obvious fraudster. If it was such a sincere marriage, why didnt they wait to divorce until after conditions are removed. If motive was not to stay in USA, then why did they remain here? How easily they fall in love so quickly after a divorce.

    Ridiculous.

  7. #7
    Ditto!!! Another One! .

    I Have seen in the real world 3 of these in just 1 year!!!
    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

  8. #8
    Someone12
    Guest
    you obviously came from the same low end of the phylum scale as paulijc...the other moron that lives in a double wide.

  9. #9
    Originally posted by Someone12:
    you obviously came from the same low end of the phylum scale as paulijc...the other moron that lives in a double wide.
    Keep Up The Good work S12!
    Directed At Me???? I Could Care Less If It was???
    LOL. Just Don't Ever Stop!!!!

    I Am Complicated!
    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

  10. #10
    sonofmichael,shut your a.s up,all YOU DO IS FIND FAULT WITH PEOPLE ON THIS SITE,AND THAT'S NOT NECESSARY...GO JUMP OFF OF A BRIDGE AND DROWN YOUR SELF...you have become a pain in the a.s!Dont you have any thing better to do than just to provoke people on this site you moron!!!

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