If I Get Married Again After My 2years Greencard What Do I Do
Marriages don't always work out – we all know that. It's hard enough sorting out your differences in the process of divorce. If you add immigration bug on top of marriage issues, things can get fifty-fifty more complicated. The good news is if you get divorced when yous're under a conditional green menu then remarry, in that location'south a recent evolution that may make life a little easier. If you go your light-green card through marriage to a U.S. Citizen or Permanent Resident and you have been married less than 2 years when the green card is issued, yous get a ii-yr provisional dark-green card. In the 90 days earlier the card expires, you and your spouse are supposed to file an I-751 Joint Petition to Remove Atmospheric condition on your residence by showing that you are notwithstanding living together. If you and your spouse aren't together anymore, you lot may file an I-751 Waiver of Joint Filing Requirement past showing that yous meet at least one of the grounds for a waiver: Fifty-fifty though the I-751 waiver is available for people where a marriage ends, some people never file to remove conditions on their green menu or on their residence. They might non file an I-751 waiver because they fear they don't have enough evidence that they lived with their spouse or proof of abuse that happened in their union. Some people just don't understand that they can file a waiver – they don't know information technology'south an option. Other times, people think the only way to remove conditions on their green card is to stay married to their spouse and try to file a joint I-751 petition. This is a huge problem if they're in a marriage where there is abuse or simply injure feelings or anger, because oft their spouse refuses sign the I-751. In recent years, there was a lot of confusion nearly what happens if a person is in the U.S. under a conditional green card just divorces his spouse and then remarries. If the new spouse is a U.S. citizen, the person should eb able to file to once again get a green card based on this new marriage. Merely this state of affairs isn't as simple as it seems. A person is a resident until an immigration judge holds that they no longer are or they formally abandon their residence in the Us. Information technology doesn't thing if their conditional residence expired, and it doesn't affair if USCIS sent them something saying their provisional residence is terminated. Ultimately, a judge is the only authority to make this determination. With this in mind, some USCIS offices would deny applications for green cards where the person had previously had permanent residence because they interpreted this to mean that a person who had a conditional dark-green bill of fare had to become earlier an immigration judge, have their conditional green card taken away, and then apply to accommodate status to permanent resident. To make things more disruptive, this was contradictory to example law that said a person whose conditional residence was terminated by USCIS could file to get a new greenish menu based on a subsequent petition! If y'all had a Conditional Green Bill of fare but you never filed to remove the conditions considering yous and your spouse divorced and y'all've since remarried, you're in luck: USCIS issued guidance in late November confirming that information technology tin can adapt the status of a person whose conditional residence was previously terminated who has a new footing to apply for adjustment of status. USCIS has updated its policy manual to reflect this. Although the constabulary changed announced past USCIS is good news for many people who had conditional green cards merely take divorced and remarried, non everyone is eligible to file a new green card application with USCIS as a result of this announcement. If you're already in immigration court and the court has jurisdiction over your application, you will have to file it there. Who has jurisdiction – the court or USCIS - can vary depending on your personal circumstances. Filing with the wrong bureau can cause delays and may upshot in your missing a filing deadline, so talk to an experienced immigration lawyer who can help yous determine where you need to file and practice this prior to any filing deadlines you lot may have. Also, note that if there are any facts you did non disclose when you got your conditional residence, such as children born exterior your marriage, or a prior marriage that you lot did not listing, this is something that'due south likely to come up in your new filing and will likely arouse suspicion most whether that marriage was a real marriage and non simply a sham union to get legal status even though you were given conditional residence . Too, if yous and your prior spouse stopped living together or started seeing other people soon after your conditional green card was issued, this may also arouse suspicion about the prior spousal relationship and why you did not file to remove conditions. Because all marriages that were the basis of prior immigration filings volition be scrutinized and not just the one you're in now, you need to be ready to prove that your prior marriage that was the basis of your provisional green card was a real union and that your new marriage is as well. If you had a conditional greenish card but divorced and at present you and your new spouse are ready to file for your green card, take the process seriously, because USCIS does. Your prior marital history and your spouse's prior marital history will be reviewed and scrutinized. Don't take chances in this procedure – be certain you file your best instance at the start and then you and your spouse take the all-time chance of approving and being able to stay together in the U.S. If your provisional green bill of fare expired and yous're remarried, talk to an experienced immigration lawyer about your case and so you tin can put your best case forrad. Click this orange button below to acquire more almost our consultation process: 
Removing Atmospheric condition on Green Card
Divorce When You're Under a Provisional Green Card and You Remarry
Good News if You Divorce When You're Under a Conditional Green Card and You lot've Remarried
Should I Go Ahead and File a New Green Card Awarding with USCIS if I'm Remarried?
Divorced When Under Conditional Green Card and I Want to Remarry
tagged marriage-based immigration, conditional light-green card
Source: https://www.immisolver.com/news/i-had-a-conditional-green-card-but-i-divorced-and-remarried
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