Q: If immigrant adjusts status based on new marriage would conditional residency rules be applicable?
Immigrant remarried soon after annulment while still in conditional residency status obtained through first marriage. Was not able to remove conditions based on first marriage. Now trying to adjust status based on new marriage. If new green card is granted based on second marriage that is less than 2 years old at time of approval will immigrant be subject to new 2 year conditional period?
A: USCIS will not re-adjust status for someone who has a conditional residence. That person will have to remove conditions. If they are no longer married to the original petitioner, they will have to file a waiver application. I recommend you seek a qualified lawyer for this type of complex situation. Good luck!
A:
I agree. You must file a self petition based upon one of the options. The situation also appears complicated by an annulment.
As a result, I strongly recommend that you hire a competent and experienced immigration attorney before there are any other complications. It is unclear whether this matter can be resolved to your expectations.
The above is general information, not legal advice, and does not create an attorney client relationship.
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