Hello I have been married for 2 years and a half my wife had filled paper work for me for my green card my marriage was very abusive my wife cheated on me on several occasions she also took my passport and other documents we finally got a divorce and I have an interview in 2 weeks this is our second interview I thing it was red flagged .I ‘ve been dating someone for 1 and a half year and the relationship is very good she is from my home country and we do see eye to eye. What should I do with my immigration case my wife is not going and we have filed divorce which should be final in September. Can I refilled another case with my new girl friend or would it be to late? Would I get deported?

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Originally Posted by islandboy47

Hello I have been married for 2 years and a half my wife had filled paper work for me for my green card my marriage was very abusive my wife cheated on me on several occasions she also took my passport and other documents we finally got a divorce and I have an interview in 2 weeks this is our second interview I thing it was red flagged .I ‘ve been dating someone for 1 and a half year and the relationship is very good she is from my home country and we do see eye to eye. what should I do with my immigration case my wife is not going and we have filed divorce which should be final in September. Can I refilled another case with my new girl friend or would it be to late? Would I get deported?

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If you and your spouse are separated or have initiated divorce at the time the I-751 is due to be filed, you and your spouse may still file a joint petition IF the she is willing to sign the petition.

If she is not willing to sign a joint petition, then you are not eligible to file a petition requesting a waiver of the joint filing requirement due to divorce until the divorce is final UNLESS abuse is the basis for such a filing.

Your status may be terminated, because you're unable to file a timely I-751 and you may be placed in removal proceedings.

Better consult experienced immigration attorney.

Can I get married to my new girlfriend after my devorce

If your new girl friend is a US citizen, you may get married as soon as your divorce is granted, but this sends immigration a red flag and you would need an immigration attorney to submit application for adjustment of status, with long explanation why your first marriage failed, what happened, is this new relationship a sham marriage, etc.

If she is not a US citizen, it would be best to wait until you know where you stand in immigration process as you may be placed in removal proceedings, etc. Solve this problem first.. then get married.