As a Miami immigration lawyer, I have many clients who are currently married to a U.S. Citizen, and are currently conditional residents. As you know, at the end of the two year conditional residency period, you can apply to have the conditions removed and apply for a green card. What happens if you are married with your U.S. citizen spouse, but soon after you got your conditional green card, you wanted to leave your spouse? Below are some frequently asked questions.
What should I do after realizing that I do not want to be with my current spouse?
In cases like these, I usually tell clients that they would probably need to first lose their current conditional resident status before they are allowed to apply for a new one. The least confusing way to do this would be to wait until the day after the expiration of your current status without filing your I-751 Petition to Remove Conditions on Residence. You would also need to file for divorce from your current spouse. Please note that in addition to being a Miami immigration lawyer, my firm also handles simple divorce cases.
Should I submit a new marriage petition with my new spouse?
Yes, it may make a bit more sense for you and your new spouse to submit a new marriage-based petition (I-130, Petition for Alien Relative) and green card application package. Expect immigration officers to look at your case with a little more suspicion, however, given your recent divorce from your previous petitioner. In cases like these, you should strongly consider hiring a Miami immigration lawyer.
What are my other options?
You might consider submitting an early I-751, with a waiver request that would allow you to file the petition by yourself based on your divorce. This process would give you an opportunity to obtain a permanent resident card without having to go through yet another period of conditional resident status. However – be aware that in this second scenario, however, if your I-751 petition is denied, you could find yourself in removal (or deportation) proceedings before you and your husband have had an opportunity to file your I-130 petition and green card application. Again, this is another reason why it would behoove you to hire a Miami immigration attorney to handle your case.
If you would like more information on getting divorced and then remarried as a conditional permanent resident, or on obtaining a green card through marriage, please contact Miami immigration lawyer Michael G. Murray, Esq. at (305) 895-2500 or visit our website at www.mmurraylaw.com.