QUESTION
If my I751 was denied and I have remarried, how do I my get green card?
Asked on Dec 18th, 2013 on Immigration - California
More details to this question:
I was married with my ex and have 1 child. Then I got divorced after I751 was filed. I remarried 2 years later and found out that my I751 was denied a year ago because I did receive the interview letter. How can I get my green card? Does my husband have to start over and apply I 130 and all that also I 864? Do I also refile I 751 to extend my visa? The harder one is I have another child with my husband. We have been married for 6 years. Now I am getting divorce again and my husband gives me a hard time on everything. I want to find out if there is any possibility that he will sign my I864 when we apply for green card. Or do I just get my green card through my first marriage after I751 was denied?
3 ANSWERS
Adebola O. Asekun
Because, your case presents some challenges, I recommend that you hire an experienced immigration lawyer. First, you must determine if you are not already subject of an outstanding order of removal in absentia, because, denial of Form I-751 Petition to Remove conditions, almost always results in the initiation of removal proceeding. If you did not receive notice of your denied I-751, you may also not likely have received a notice to come to court, if one was in fact sent. So, before filing anything now with CIS, you must be sure you do not have an outstanding order of removal because, filing anything with CIS now may result in your apprehension. Second, if you are now legally married to a new husband, if a US citizen, you may have to start the whole process again by filing a new I-130; I-485; I-765 and yes, I-864 Affidavit of Support. But, if you are already having difficulty with your new husband, there may be other options for you to get a green card. But as previously stated, the advice of an experienced immigration lawyer in this situation cannot be under estimated.
Answered on Dec 20th, 2013 at 11:32 PM
A bit confusing description. Who you were divorced from and when? In any event, you might be eligible for waiver of the joint requirement and late filing, but it i hard to say without knowing all the details.
Answered on Dec 19th, 2013 at 11:15 AM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
You should just get your green card through the first marriage. That way, you will be able to apply for US citizenship as soon as the case is approved. Your green card will date back from the original approval notice.
Answered on Dec 19th, 2013 at 9:53 AM