Q: Divorce and remarry, impact on conditional green card conditions removal?
My husband received his conditional green card almost 2 years ago. We divorced and remarried again a few months ago. He initially submitted an I-751 petition to remove conditions on his own, but it was denied because it was filed before the 90-day window. We haven't resubmitted the I-751 since remarrying. Will this affect his ability to remove the conditions on his green card?
A: OK since you divorced, that may have triggered the only pathway to remove the conditions based on a waiver for filing a joint 751. But it is complicated now because you got remarried and so they may just say that you have to start a whole new case over again. You are treading on thin ice and I believe at this point you probably would be best served to retain an attorney to assist you.
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A:
Your divorce and subsequent remarriage can complicate your husband's I-751 petition, but it doesn't automatically prevent him from successfully removing the conditions. Because his first filing was denied only due to premature submission, the timing is critical when resubmitting. Now that you're remarried, you can file jointly again within the proper 90-day window before his conditional green card expires.
Make sure to provide strong evidence of the authenticity of your relationship, particularly highlighting your initial marriage, the divorce, and the reasons behind your remarriage. Immigration officials will closely scrutinize your situation, so being transparent about the timeline and circumstances will help. Submit documents like joint bank statements, leases, photos, affidavits from friends or family, and any counseling or relationship support you've engaged in to show your marriage is genuine.
The key is clear, honest communication to USCIS, ensuring your new petition addresses the previous denial. Consulting with an immigration attorney could help guide you through this delicate situation, though careful preparation can also lead to a successful outcome. Remember, USCIS primarily wants reassurance your marriage is sincere, so your thorough documentation will be essential.
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