Kanook1

Hi Augilla, Rete and all:

I have read a quite a few threads but not sure you have encountered this
scenario.

I will try to brief here but I need some help if you have been through this:

K1 visa- arrived in the USA June 2000, married June 2000.
Filed I 751 Joint application- March 2003
Recieved NOA re: Adjustment of Status Notice extention letter from Nebraska
April 2003.
Spouse and I separated August 2004.
I did not refile a new I 751, did not know i needed to until I checked here
and it was too late, read on...
Conditional status on my card would expire June 26 2004.
Spouse and I divorced March 2004.
I got re- married in April 2004. Still no letter informing adjustment of
status OR interview.
I went to the local INS- Cleveland - in early June as I still did not have a
letter from Nebraska.
I got my passport stamped, and also asked the officer what I should do since
my name has changed and I have re-married. (I had all the documents with me
of course.)
A few officers consulted one another and they told me to re-file the I 751
as single with a letter and also include a Affidavit of Support filled out
by my new husband BEFORE I got my new card or they would have to charge me
the fee to re-issue the card in my new name.
I (of course) got the letter 3 days later with conditions removed and NO
interview.

Now, here are the questions:
I am preparing the affidavit and supporting documents now to go to Cleveland
to get this all looked after, and will be making the Infopass appointment
for it. (The delay is two-fold: moving and getting the documents together,
and getting ID changed over to my new last name)
Can the Cleveland office or a local office process this or does it have to
be sent to the BSC?
If the BSC, I am guessing it will be 12-24 months at least before they get
to it, and my extension stamp will expire- I need to get home to Canada
about every 8 weeks!
OR
Should I go the Cleveland office with photos etc and have the card issued
and then file for a name change and re-pay the fee? Money is not the issue
here, I just want to make sure everything is looked after.
I have not changed my name my Canadin Passport yet, perhaps I should do this
before I go to the local office? My SS and Drivers Lic are changed, so I do
not want to confuse or compicate things going over the border... it is nuts
as it is!

Any help, questions or ideas you may have are greatly appreciated!
Many thanks to everyone, always such a help!

Kanook

sphyrapicus

Kanook1,

Are you saying you re-married before your conditions on your PR status were removed? Meaning that your I-751 was approved after you were re-married?

Hmmmm....

AGUILA

Kanook1:

You should hire an immigration attorney, yours is a very delicated matter. You SHOULD HAVE NEVER been approved with that JOINT I-751 since you were already divorced from that USC spouse therefore you were no longer eligible. If USCIS finds out which they will if you ever apply for N-400 of if your ex-USC spouse applies for anyone else they will revoke your green card and put you in removal proceedings. I do not know now what you could do but I assure that hiding this situation from USCIS will not help you in the future.

Kanook1

Hi sphyrapicus,

Yes, I remarried before the the PR was approved-
I was still in conditional status.
Married April 2004, Conditional status removed June 28 04. B4 i got chance
to deal with with the CR removed.....
Dilema!.....
Any thoughts?



"sphyrapicus" <member18745@british_expats.com> wrote in message
news:[email protected] m...
    >> Hi Augilla, Rete and all:
    >> I have read a quite a few threads but not sure you have encountered
    >> this
    >> scenario.
    >> I will try to brief here but I need some help if you have been
    >> through this:
    >> K1 visa- arrived in the USA June 2000, married June 2000.
    >> Filed I 751 Joint application- March 2003
    >> Recieved NOA re: Adjustment of Status Notice extention letter from
    >> Nebraska
    >> April 2003.
    >> Spouse and I separated August 2004.
    >> I did not refile a new I 751, did not know i needed to until I checked
    >> here
    >> and it was too late, read on...
    >> Conditional status on my card would expire June 26 2004.
    >> Spouse and I divorced March 2004.
    >> I got re- married in April 2004. Still no letter informing adjustment
    >> of
    >> status OR interview.
    >> I went to the local INS- Cleveland - in early June as I still did not
    >> have a
    >> letter from Nebraska.
    >> I got my passport stamped, and also asked the officer what I should do
    >> since
    >> my name has changed and I have re-married. (I had all the documents
    >> with me
    >> of course.)
    >> A few officers consulted one another and they told me to re-file the I
    >> 751
    >> as single with a letter and also include a Affidavit of Support filled
    >> out
    >> by my new husband BEFORE I got my new card or they would have to
    >> charge me
    >> the fee to re-issue the card in my new name.
    >> I (of course) got the letter 3 days later with conditions removed and
    >> NO
    >> interview.
    >> Now, here are the questions:
    >> I am preparing the affidavit and supporting documents now to go to
    >> Cleveland
    >> to get this all looked after, and will be making the Infopass
    >> appointment
    >> for it. (The delay is two-fold: moving and getting the documents
    >> together,
    >> and getting ID changed over to my new last name)
    >> Can the Cleveland office or a local office process this or does it
    >> have to
    >> be sent to the BSC?
    >> If the BSC, I am guessing it will be 12-24 months at least before they
    >> get
    >> to it, and my extension stamp will expire- I need to get home to
    >> Canada
    >> about every 8 weeks!
    >> OR
    >> Should I go the Cleveland office with photos etc and have the card
    >> issued
    >> and then file for a name change and re-pay the fee? Money is not the
    >> issue
    >> here, I just want to make sure everything is looked after.
    >> I have not changed my name my Canadin Passport yet, perhaps I should
    >> do this
    >> before I go to the local office? My SS and Drivers Lic are changed, so
    >> I do
    >> not want to confuse or compicate things going over the border... it is
    >> nuts
    >> as it is!
    >> Any help, questions or ideas you may have are greatly appreciated!
    >> Many thanks to everyone, always such a help!
    >> Kanook
    > Kanook1,
    > Are you saying you re-married before your conditions on your PR
    > status were removed? Meaning that your I-751 was approved after you
    > were re-married?
    > Hmmmm....
    > --
    > Posted via http://britishexpats.com

Rete

Hi Kanook

Seems like you have a bit of a dilemna here. Apparently from reading other people's posts who were divorced after submitting the original I-751 you were suppose to file for a waiver as soon as the divorce was final using the same information as for your original filing.

My suggestion would be to contact an immigration attorney and get their advice on how to proceed. Logically it would seem that filing again, this time on a waiver basis, would be correct but I, personally, would want the advice of someone familiar with this before doing anything. I won't worry about being deported since you are remarried to a US citizen already and can always restart the whole process.

Please let us know what the attorney advises you.

Rete

Kanook1

Hi Aguila,

I was not hiding the divorce from anyone, I did not know or realize that I
should not divorce until the Conditions were removed or I had to re-file as
single once the divorce took place. When I realized I needed to re file the
I-751 I was already re-married- I was re-married 30 days after the divorce
took place.
That is why I also went to the local office, to see what I needed to do or
file, and to get my stamp as my card/extension letter was expiring the next
day.
What they told me in Cleveland in June is to re-file the I-751 as
single/divorced, attach a letter explaining the change in circumstances and
the divorce papers and have my new spouse file an I-861 with the supporting
documents to avoid them having to charge me the fees for a new Green card in
my new name, as the card might come in the mail with the approval letter and
I would then have to come in to change my name on it if this happened.
Of course, the approval letter shows up 8 days after I have been to the
Cleveland office.

One thing though, is the effective date the Conditions removed -according to
the letter:
" You are deemed to be a lawful permanent resident of the United States as
of the date of your original admission or adjustment of status."
Original admission date is 06/26/2001. I am not certain which date they
would use in this situation, that one or the date of decision- July 02
2004-on the approval letter- I assume that is my adjustment of status date?

I made the officer aware of the dates of the divorce and re marriage and he
also told me they have seen this situation before, and did not seem too
concerned about it but I guess I will find out. Hopefully as long as we
have all the documents in order we can get everything taken care of.
My ex-spouse and I are on good terms, and if needed he will do up a letter
as well.
Since I am going this month to the Cleveland office, I will take your advice
and consult an attorney
before I do so. I will let you know what happens and thanks for your help!

Kanook1






"AGUILA" <member18343@british_expats.com> wrote in message
news:[email protected] m...
    >> Hi Augilla, Rete and all:
    >> I have read a quite a few threads but not sure you have encountered
    >> this
    >> scenario.
    >> I will try to brief here but I need some help if you have been
    >> through this:
    >> K1 visa- arrived in the USA June 2000, married June 2000.
    >> Filed I 751 Joint application- March 2003
    >> Recieved NOA re: Adjustment of Status Notice extention letter from
    >> Nebraska
    >> April 2003.
    >> Spouse and I separated August 2004.
    >> I did not refile a new I 751, did not know i needed to until I checked
    >> here
    >> and it was too late, read on...
    >> Conditional status on my card would expire June 26 2004.
    >> Spouse and I divorced March 2004.
    >> I got re- married in April 2004. Still no letter informing adjustment
    >> of
    >> status OR interview.
    >> I went to the local INS- Cleveland - in early June as I still did not
    >> have a
    >> letter from Nebraska.
    >> I got my passport stamped, and also asked the officer what I should do
    >> since
    >> my name has changed and I have re-married. (I had all the documents
    >> with me
    >> of course.)
    >> A few officers consulted one another and they told me to re-file the I
    >> 751
    >> as single with a letter and also include a Affidavit of Support filled
    >> out
    >> by my new husband BEFORE I got my new card or they would have to
    >> charge me
    >> the fee to re-issue the card in my new name.
    >> I (of course) got the letter 3 days later with conditions removed and
    >> NO
    >> interview.
    >> Now, here are the questions:
    >> I am preparing the affidavit and supporting documents now to go to
    >> Cleveland
    >> to get this all looked after, and will be making the Infopass
    >> appointment
    >> for it. (The delay is two-fold: moving and getting the documents
    >> together,
    >> and getting ID changed over to my new last name)
    >> Can the Cleveland office or a local office process this or does it
    >> have to
    >> be sent to the BSC?
    >> If the BSC, I am guessing it will be 12-24 months at least before they
    >> get
    >> to it, and my extension stamp will expire- I need to get home to
    >> Canada
    >> about every 8 weeks!
    >> OR
    >> Should I go the Cleveland office with photos etc and have the card
    >> issued
    >> and then file for a name change and re-pay the fee? Money is not the
    >> issue
    >> here, I just want to make sure everything is looked after.
    >> I have not changed my name my Canadin Passport yet, perhaps I should
    >> do this
    >> before I go to the local office? My SS and Drivers Lic are changed, so
    >> I do
    >> not want to confuse or compicate things going over the border... it is
    >> nuts
    >> as it is!
    >> Any help, questions or ideas you may have are greatly appreciated!
    >> Many thanks to everyone, always such a help!
    >> Kanook
    > Kanook1:
    > You should hire an immigration attorney, yours is a very delicated
    > matter. You SHOULD HAVE NEVER been approved with that JOINT I-751 since
    > you were already divorced from that USC spouse therefore you were no
    > longer eligible. If USCIS finds out which they will if you ever apply
    > for N-400 of if your ex-USC spouse applies for anyone else they will
    > revoke your green card and put you in removal proceedings. I do not
    > know now what you could do but I assure that hiding this situation from
    > USCIS will not help you in the future.
    > --
    > Posted via http://britishexpats.com

Kanook1

Hi Rete,

Thanks for your reply- and yes I will let you know what the Attorney says
and the outcome of course!
One thing, I know my ex-spouse has not informed the INS of change of
address or has had any contact with them.
He should file a change of address I know, but I will also ask the attorney
on his behalf what else he should file (if anything ) or do you know?

I hope do not have to restart the whole process, but we will soon find out.
I agree that I was not overly concerned they would start any deportation
process since I am married to a US citizen and the Cleveland officer was not
concerned that I was out of status- he could have started it right then and
there if that was the case.
I finally got my SS card changed over to my new name ( just came in the
mail- it took over 8 weeks)- so now I can change my name on my Canadian
passport but will see if the attorney recommends when to do that, now or
wait.


"Rete" <[email protected]> wrote in message
news:[email protected] m...
    >> Hi sphyrapicus,
    >> Yes, I remarried before the the PR was approved-
    >> I was still in conditional status.
    >> Married April 2004, Conditional status removed June 28 04. B4 i got
    >> chance
    >> to deal with with the CR removed.....
    >> Dilema!.....
    >> Any thoughts?
    >> "sphyrapicus" <member18745@british_expats.com> wrote in message
    >> news:[email protected] m...
    >> >> Hi Augilla, Rete and all:
    >> >> I have read a quite a few threads but not sure you have encountered
    >> >> this
    >> >> scenario.
    >> >> I will try to brief here but I need some help if you have been
    >> >> through this:
    >> >> K1 visa- arrived in the USA June 2000, married June 2000.
    >> >> Filed I 751 Joint application- March 2003
    >> >> Recieved NOA re: Adjustment of Status Notice extention letter from
    >> >> Nebraska
    >> >> April 2003.
    >> >> Spouse and I separated August 2004.
    >> >> I did not refile a new I 751, did not know i needed to until I
    >> >> checked
    >> >> here
    >> >> and it was too late, read on...
    >> >> Conditional status on my card would expire June 26 2004.
    >> >> Spouse and I divorced March 2004.
    >> >> I got re- married in April 2004. Still no letter informing
    >> >> adjustment
    >> >> of
    >> >> status OR interview.
    >> >> I went to the local INS- Cleveland - in early June as I still did
    >> >> not
    >> >> have a
    >> >> letter from Nebraska.
    >> >> I got my passport stamped, and also asked the officer what I should
    >> >> do
    >> >> since
    >> >> my name has changed and I have re-married. (I had all the documents
    >> >> with me
    >> >> of course.)
    >> >> A few officers consulted one another and they told me to re-file
    >> >> the I
    >> >> 751
    >> >> as single with a letter and also include a Affidavit of Support
    >> >> filled
    >> >> out
    >> >> by my new husband BEFORE I got my new card or they would have to
    >> >> charge me
    >> >> the fee to re-issue the card in my new name.
    >> >> I (of course) got the letter 3 days later with conditions removed
    >> >> and
    >> >> NO
    >> >> interview.
    >> >> Now, here are the questions:
    >> >> I am preparing the affidavit and supporting documents now to go to
    >> >> Cleveland
    >> >> to get this all looked after, and will be making the Infopass
    >> >> appointment
    >> >> for it. (The delay is two-fold: moving and getting the documents
    >> >> together,
    >> >> and getting ID changed over to my new last name)
    >> >> Can the Cleveland office or a local office process this or does it
    >> >> have to
    >> >> be sent to the BSC?
    >> >> If the BSC, I am guessing it will be 12-24 months at least before
    >> >> they
    >> >> get
    >> >> to it, and my extension stamp will expire- I need to get home to
    >> >> Canada
    >> >> about every 8 weeks!
    >> >> OR
    >> >> Should I go the Cleveland office with photos etc and have the card
    >> >> issued
    >> >> and then file for a name change and re-pay the fee? Money is not
    >> >> the
    >> >> issue
    >> >> here, I just want to make sure everything is looked after.
    >> >> I have not changed my name my Canadin Passport yet, perhaps I
    >> >> should
    >> >> do this
    >> >> before I go to the local office? My SS and Drivers Lic are changed,
    >> >> so
    >> >> I do
    >> >> not want to confuse or compicate things going over the border... it
    >> >> is
    >> >> nuts
    >> >> as it is!
    >> >> Any help, questions or ideas you may have are greatly appreciated!
    >> >> Many thanks to everyone, always such a help!
    >> >> Kanook
    >> > Kanook1,
    >> > Are you saying you re-married before your conditions on your PR
    >> > status were removed? Meaning that your I-751 was approved after you
    >> > were re-married?
    >> > Hmmmm....
    >> > --
    >> > Posted via http://britishexpats.com
    > Hi Kanook
    > Seems like you have a bit of a dilemna here. Apparently from reading
    > other people's posts who were divorced after submitting the original I-
    > 751 you were suppose to file for a waiver as soon as the divorce was
    > final using the same information as for your original filing.
    > My suggestion would be to contact an immigration attorney and get their
    > advice on how to proceed. Logically it would seem that filing again,
    > this time on a waiver basis, would be correct but I, personally, would
    > want the advice of someone familiar with this before doing anything. I
    > won't worry about being deported since you are remarried to a US citizen
    > already and can always restart the whole process.
    > Please let us know what the attorney advises you.
    > Rete
    > --
    > I'm not an attorney. This disclaimer is valid in NYS!
    > Posted via http://britishexpats.com

Rete

Figured you would have it all under control. Sounds like you have your head on straight and that eventually it will all be straightened out.

Tell ex that he is still your financial sponsor and he has to file a change of address with the USCIS. I'm not clear on what form it is or where it should go but you can probably find out from the USCIS website.

Congratulations on the new marriage and it be a long and happy one.

Rete

AGUILA

Hi Kanook:

"I was not hiding the divorce from anyone, I did not know or realize that I
should not divorce until the Conditions were removed or I had to re-file as
single once the divorce took place. When I realized I needed to re file the
I-751 I was already re-married- I was re-married 30 days after the divorce
took place."

The fact that you re-married does not leave you off the hook with USCIS. It does not have anything to do with them and your I-751. Your new marriage does not have anything to with your case AT ALL.

"That is why I also went to the local office, to see what I needed to do or
file, and to get my stamp as my card/extension letter was expiring the next
day.
What they told me in Cleveland in June is to re-file the I-751 as
single/divorced, attach a letter explaining the change in circumstances and
the divorce papers and have my new spouse file an I-861 with the supporting
documents to avoid them having to charge me the fees for a new Green card in
my new name, as the card might come in the mail with the approval letter and
I would then have to come in to change my name on it if this happened.
Of course, the approval letter shows up 8 days after I have been to the
Cleveland office."

You should have re-filed...and if you visit an immigration attorney they will probably advice you re-file even though you got an approval notice already. By LAW that approval notice is NULL and VOID since you got it through a Joint Petition I-751 but YOU WERE DIVORCED before they ADJUDICATE IT. An I-751 that is filed jointly CANNOT BE APPROVED if there is a divorce prior to its adjudication.


"One thing though, is the effective date the Conditions removed -according to the letter:
" You are deemed to be a lawful permanent resident of the United States as
of the date of your original admission or adjustment of status."
Original admission date is 06/26/2001. I am not certain which date they
would use in this situation, that one or the date of decision- July 02
2004-on the approval letter- I assume that is my adjustment of status date?"

This is completely NORMAL, however, the decision DATE of your removal of conditions is the KEY, it was AFTER your DIVORCE.

"I made the officer aware of the dates of the divorce and re marriage and he
also told me they have seen this situation before, and did not seem too
concerned about it but I guess I will find out. Hopefully as long as we
have all the documents in order we can get everything taken care of.
My ex-spouse and I are on good terms, and if needed he will do up a letter
as well.
Since I am going this month to the Cleveland office, I will take your advice
and consult an attorney
before I do so. I will let you know what happens and thanks for your help!"

As I said before your re-marriage does not play any roles here. Since you are in good terms with your ex, have him write you an affidavit that you entered into the marriage in good faith and that it just did not work out. Please keep us updated. I do not want to be rude with you, I just lay out the facts as they are because I don't want you to have this hunt you later on when you file for N-400.

Good Luck to you.

Kanook1

Hi Aguila,

I do understand better now, and thankyou so much. Do not take me wrong, I
asked you for advice and help and you gave it to me, I never thought you
were being rude, just sometimes it is hard to understand what one "really is
saying or means" on paper.
I will see the attorney in the next few days and I am sure you are correct,
I will have to refile the I-751 and get an affidavit from the ex-spouse etc.
The only reason I have not filed the new i-751 is because the officer told
me to send the I-864 with it, and we just today recieved the copies of his
tax returns from the IRS to submit it all together.
I also understand that when it comes to applying for citizenship this could
be a real problem, it already is, but we will deal with it, and I will keep
you posted, I promise.
Thanks again to you and everyone who has helped.

Kanook1






"AGUILA" <member18343@british_expats.com> wrote in message
news:[email protected] m...
    >> Hi Aguila,
    >> I was not hiding the divorce from anyone, I did not know or realize
    >> that I
    >> should not divorce until the Conditions were removed or I had to re-
    >> file as
    >> single once the divorce took place. When I realized I needed to re
    >> file the
    >> I-751 I was already re-married- I was re-married 30 days after the
    >> divorce
    >> took place.
    >> That is why I also went to the local office, to see what I needed to
    >> do or
    >> file, and to get my stamp as my card/extension letter was expiring the
    >> next
    >> day.
    >> What they told me in Cleveland in June is to re-file the I-751 as
    >> single/divorced, attach a letter explaining the change in
    >> circumstances and
    >> the divorce papers and have my new spouse file an I-861 with the
    >> supporting
    >> documents to avoid them having to charge me the fees for a new Green
    >> card in
    >> my new name, as the card might come in the mail with the approval
    >> letter and
    >> I would then have to come in to change my name on it if this happened.
    >> Of course, the approval letter shows up 8 days after I have been to
    >> the
    >> Cleveland office.
    >> One thing though, is the effective date the Conditions removed -
    >> according to
    >> the letter:
    >> " You are deemed to be a lawful permanent resident of the United
    >> States as
    >> of the date of your original admission or adjustment of status."
    >> Original admission date is 06/26/2001. I am not certain which date
    >> they
    >> would use in this situation, that one or the date of decision- July
    >> 02
    >> 2004-on the approval letter- I assume that is my adjustment of
    >> status date?
    >> I made the officer aware of the dates of the divorce and re
    >> marriage and he
    >> also told me they have seen this situation before, and did not seem
    >> too
    >> concerned about it but I guess I will find out. Hopefully as long
    >> as we
    >> have all the documents in order we can get everything taken care
    >> of.
    >> My ex-spouse and I are on good terms, and if needed he will do up a
    >> letter
    >> as well.
    >> Since I am going this month to the Cleveland office, I will take
    >> your advice
    >> and consult an attorney
    >> before I do so. I will let you know what happens and thanks for
    >> your help!
    >> Kanook1
    >> "AGUILA" <member18343@british_expats.com> wrote in message
    >> news:[email protected] m...
    >> >> Hi Augilla, Rete and all:
    >> >> I have read a quite a few threads but not sure you have encountered
    >> >> this
    >> >> scenario.
    >> >> I will try to brief here but I need some help if you have been
    >> >> through this:
    >> >> K1 visa- arrived in the USA June 2000, married June 2000.
    >> >> Filed I 751 Joint application- March 2003
    >> >> Recieved NOA re: Adjustment of Status Notice extention letter from
    >> >> Nebraska
    >> >> April 2003.
    >> >> Spouse and I separated August 2004.
    >> >> I did not refile a new I 751, did not know i needed to until I
    >> >> checked
    >> >> here
    >> >> and it was too late, read on...
    >> >> Conditional status on my card would expire June 26 2004.
    >> >> Spouse and I divorced March 2004.
    >> >> I got re- married in April 2004. Still no letter informing
    >> >> adjustment
    >> >> of
    >> >> status OR interview.
    >> >> I went to the local INS- Cleveland - in early June as I still did
    >> >> not
    >> >> have a
    >> >> letter from Nebraska.
    >> >> I got my passport stamped, and also asked the officer what I should
    >> >> do
    >> >> since
    >> >> my name has changed and I have re-married. (I had all the documents
    >> >> with me
    >> >> of course.)
    >> >> A few officers consulted one another and they told me to re-file
    >> >> the I
    >> >> 751
    >> >> as single with a letter and also include a Affidavit of Support
    >> >> filled
    >> >> out
    >> >> by my new husband BEFORE I got my new card or they would have to
    >> >> charge me
    >> >> the fee to re-issue the card in my new name.
    >> >> I (of course) got the letter 3 days later with conditions removed
    >> >> and
    >> >> NO
    >> >> interview.
    >> >> Now, here are the questions:
    >> >> I am preparing the affidavit and supporting documents now to go to
    >> >> Cleveland
    >> >> to get this all looked after, and will be making the Infopass
    >> >> appointment
    >> >> for it. (The delay is two-fold: moving and getting the documents
    >> >> together,
    >> >> and getting ID changed over to my new last name)
    >> >> Can the Cleveland office or a local office process this or does it
    >> >> have to
    >> >> be sent to the BSC?
    >> >> If the BSC, I am guessing it will be 12-24 months at least before
    >> >> they
    >> >> get
    >> >> to it, and my extension stamp will expire- I need to get home to
    >> >> Canada
    >> >> about every 8 weeks!
    >> >> OR
    >> >> Should I go the Cleveland office with photos etc and have the card
    >> >> issued
    >> >> and then file for a name change and re-pay the fee? Money is not
    >> >> the
    >> >> issue
    >> >> here, I just want to make sure everything is looked after.
    >> >> I have not changed my name my Canadin Passport yet, perhaps I
    >> >> should
    >> >> do this
    >> >> before I go to the local office? My SS and Drivers Lic are changed,
    >> >> so
    >> >> I do
    >> >> not want to confuse or compicate things going over the border... it
    >> >> is
    >> >> nuts
    >> >> as it is!
    >> >> Any help, questions or ideas you may have are greatly appreciated!
    >> >> Many thanks to everyone, always such a help!
    >> >> Kanook
    >> > Kanook1:
    >> > You should hire an immigration attorney, yours is a very delicated
    >> > matter. You SHOULD HAVE NEVER been approved with that JOINT I-751
    >> > since
    >> > you were already divorced from that USC spouse therefore you were no
    >> > longer eligible. If USCIS finds out which they will if you ever
    >> > apply
    >> > for N-400 of if your ex-USC spouse applies for anyone else they will
    >> > revoke your green card and put you in removal proceedings. I do not
    >> > know now what you could do but I assure that hiding this situation
    >> > from
    >> > USCIS will not help you in the future.
    >> > --
    >> > Posted via http://britishexpats.com
    > Hi Kanook:
    > "I was not hiding the divorce from anyone, I did not know or realize
    > that I
    > should not divorce until the Conditions were removed or I had to re-file
    > as
    > single once the divorce took place. When I realized I needed to re file
    > the
    > I-751 I was already re-married- I was re-married 30 days after the
    > divorce
    > took place."
    > The fact that you re-married does not leave you off the hook with USCIS.
    > It does not have anything to do with them and your I-751. Your new
    > marriage does not have anything to with your case AT ALL.
    > "That is why I also went to the local office, to see what I needed to do
    > or
    > file, and to get my stamp as my card/extension letter was expiring the
    > next
    > day.
    > What they told me in Cleveland in June is to re-file the I-751 as
    > single/divorced, attach a letter explaining the change in circumstances
    > and
    > the divorce papers and have my new spouse file an I-861 with the
    > supporting
    > documents to avoid them having to charge me the fees for a new Green
    > card in
    > my new name, as the card might come in the mail with the approval letter
    > and
    > I would then have to come in to change my name on it if this happened.
    > Of course, the approval letter shows up 8 days after I have been to the
    > Cleveland office."
    > You should have re-filed...and if you visit an immigration attorney they
    > will probably advice you re-file even though you got an approval notice
    > already. By LAW that approval notice is NULL and VOID since you got it
    > through a Joint Petition I-751 but YOU WERE DIVORCED before they
    > ADJUDICATE IT. An I-751 that is filed jointly CANNOT BE APPROVED if
    > there is a divorce prior to its adjudication.
    > "One thing though, is the effective date the Conditions removed -
    > according to the letter:
    > " You are deemed to be a lawful permanent resident of the United
    > States as
    > of the date of your original admission or adjustment of status."
    > Original admission date is 06/26/2001. I am not certain which date
    > they
    > would use in this situation, that one or the date of decision- July
    > 02
    > 2004-on the approval letter- I assume that is my adjustment of
    > status date?"
    > This is completely NORMAL, however, the decision DATE of your removal of
    > conditions is the KEY, it was AFTER your DIVORCE.
    > "I made the officer aware of the dates of the divorce and re
    > marriage and he
    > also told me they have seen this situation before, and did not seem
    > too
    > concerned about it but I guess I will find out. Hopefully as long
    > as we
    > have all the documents in order we can get everything taken care
    > of.
    > My ex-spouse and I are on good terms, and if needed he will do up a
    > letter
    > as well.
    > Since I am going this month to the Cleveland office, I will take
    > your advice
    > and consult an attorney
    > before I do so. I will let you know what happens and thanks for
    > your help!"
    > As I said before your re-marriage does not play any roles here. Since
    > you are in good terms with your ex, have him write you an affidavit that
    > you entered into the marriage in good faith and that it just did not
    > work out. Please keep us updated. I do not want to be rude with you, I
    > just lay out the facts as they are because I don't want you to have this
    > hunt you later on when you file for N-400.
    > Good Luck to you.
    > --
    > Posted via http://britishexpats.com

AGUILA

Kanook1:

This is my e-mail address: [email protected]

Drop me an email to let me know what happens in your case.

Good luck to you in fixing your case.