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Conditional Residency and Re-marriage

Conditional Residency and Re-marriage

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Old Jan 20th 2003, 9:35 pm
  #1  
Bonzie
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Default Conditional Residency and Re-marriage

I currently have a 2 year conditional green card (due to expire in Feb
2004). My wife and I have been divorced about a year now, and would
like to file for removal of conditions.

I am seriously dating someone and we are considering marriage. She is
also a US Citizen.

Should I just file for the removal of conditions or should I wait to
get remarried and start the process all over.


Thanks for your advise.
 
Old Jan 21st 2003, 2:47 am
  #2  
Concierge
 
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Default Re: Conditional Residency and Re-marriage

Originally posted by Bonzie
I currently have a 2 year conditional green card (due to expire in Feb
2004). My wife and I have been divorced about a year now, and would
like to file for removal of conditions.

I am seriously dating someone and we are considering marriage. She is
also a US Citizen.

Should I just file for the removal of conditions or should I wait to
get remarried and start the process all over.


Thanks for your advise.
You could have and should immediately file for removal of conditions. You were eligible to do that as your divorce was final.

As for the remarriage and conditions removal, do a search for Jackie Zimmerman. She did this successfully while waiting for her removal processing.

Rete
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Old Jan 21st 2003, 4:02 am
  #3  
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Default Re: Conditional Residency and Re-marriage

Originally posted by Bonzie
I currently have a 2 year conditional green card (due to expire in Feb
2004). My wife and I have been divorced about a year now, and would
like to file for removal of conditions.

I am seriously dating someone and we are considering marriage. She is
also a US Citizen.

Should I just file for the removal of conditions or should I wait to
get remarried and start the process all over.


Thanks for your advise.
Hi:

You should definitely file for a waiver of the joint petition. Your remarriage has nothing to do with it.

BTW, there was no need for you to wait until now -- once your divorce was final, you were eligible to file for a waiver of the joint petition. Unlike the joint petition, there is no "window" of time in which to file .

Even if you "do it over" [and the law is unclear that you can even do so, but I think you can], the validity of your first marriage will be an issue.

Inamsuch as the prior marriage is in issue in any case, you are better off getting the condition removed and having LPR backdated to your CPR date.
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Old Jan 21st 2003, 2:22 pm
  #4  
Queen
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Default Re: Conditional Residency and Re-marriage

Wow, dont know who was advising you, but you should have filed as soon
as you got a divorce!!!!! I'm not sure if its too late to file now, or
what will be best for you. I'm sure someone else on this board should
know: Rete, Matt or someone.



[email protected] (Bonzie) wrote in message news:...
    > I currently have a 2 year conditional green card (due to expire in Feb
    > 2004). My wife and I have been divorced about a year now, and would
    > like to file for removal of conditions.
    >
    > I am seriously dating someone and we are considering marriage. She is
    > also a US Citizen.
    >
    > Should I just file for the removal of conditions or should I wait to
    > get remarried and start the process all over.
    >
    >
    > Thanks for your advise.
 

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