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Hello, i got a cr1 visa then greencard valid for two yrs. Then divorced and remarried to another US citizen. I am in the 2nd yr of the greencard. How do I proceed to be able to stay in the US with my new husband. complicated I know. Please help.
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Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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If you have solid proof that you were in a bona fide marriage with your ex-husband (child together is the best proof), then you can file for the I-751 application to remove the conditional basis of residence status at this time. If on the other hand you choose not to do this, you could possibly wait until the expiration of the conditional residence period, and then try to apply again through your new husband. Under the latest guidance from U.S.C.I.S., you may have to go through the immigration court to have your status readjusted through your new husband.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 16th, 2013 at 8:55 PM
Immigration Law Attorney serving Fullerton, CA
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Hart Immigration, A Professional Law Corporation
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Option 1: You may be able to get an IR1 through your ex husband if you can prove that your marriage to your first husband was bona fide.
Option 2: If you cannot prove that your marriage through your ex husband was bona fide, then you will do adjustment of status through your new husband.
Answered on Sep 02nd, 2013 at 8:54 PM