Hi,

I have some questions about my conditional green card. I am in trouble because of my current situation. Please advice me what to do.

1. My conditional green card expires next year. However I got divorced from my wife this year. I got my green card through her. Is it good if I just return the green card and go back home or should I fight for my permanent green card? What if I lose the case and immigration deports me? Am I barred for life for entry into the US? My marriage was a bonafide marriage and not a fraud marriage. I have all the proofs.

2. In the meanwhile if I get married again to a US citizen or green card girl and if I lose my earlier case, will I be able to apply for a new green card based on this marriage? What should I immediately do as per immigration law once I get married again?

3. How long does it usually take for the I-751 interview to take place? Will I at least be called for an interview or will my application get rejected straightaway? What should I do to make sure my file gets approved without the interview? Is it pure luck or is it the process?

You misunderstand the I-751 and its process.

Your situation is simple, file the I-751 immediately, as you should have filed right after your divorce was finalized. File it marking the waiver of the joint filing, due to divorce. Include evidence of the bona fides of the marriage including evidence of cohabitation and co-mingling of funds. The officer will approve your regular permanent residence.

You will be interviewed, there is no luck factor in these types of fiilings, just meeting the standard of proof to the officer. Good luck.

Thank you for your answer. Please shed some more light on question number 2 and 3.

2. you don't need to have anyone else file for your permanent residence. You should file the I-751. If you do marry again, you can have her file, but the 245 interview may be mostly about your first marriage as that is the one that will be in question.

3. depends on the district, usually about 4-6 months. No straight denials, they will interview you. Very little luck involved. Mostly evidence and credibility at the interview.

Thank you very much dcityboy