[Andreea Manaf]

Hi! My country of origin is Romania. I obtained my Conditional Green Card through marriage in August 2014 and now I am going through a divorce. My divorce is estimated to be finalized in April 2015. I plan to remarry another man (also US citizen) as soon as my divorce will be complete. I don`t know what I should do in my case... I need advice from here. Do I file for another immigration process with my new husband or should my first immigration case be resolved first? Please advise, Thank you, Andreea.

[newacct]

You should file for Removal of Conditions (I-751) as soon as your divorce is final. On the I-751 form, one of the bases for filing is that the marriage ended in divorce. You do not have to wait until 90 days before your green card expires to file I-751 (that is only for if the spouses file jointly); you can file as soon as the divorce is final, but in any case you need to file before your green card expires.

For Removal of Conditions, you will need to prove that your marriage was genuine at the time you got your green card. (This is the same thing you need to prove when the spouses are still together; however, expect more scrutiny in the case of divorce. You will also almost certainly need to go through an interview in the case of divorce.) Gather as much evidence of marriage and co-mingling of finances and shared living arrangements as you can; affidavits from other people will also help. You should gather this as soon as possible because you may lose access to some documents after divorce.

I would wait until Removal of Conditions is done before you consider getting married again. Once Removal of Conditions is done, you will be a non-conditional permanent resident. You do not need to apply to immigrate again.