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hello,i will like to ask you a question on behalf of my friend.he and his wife filed for "the petition to remove the condition of residence"(second greencard)and they have been schedule for the second interview .the problem is that his wife refuses to go ,after a big fight they had couple of weeks ago.he knows if they don't go his case will be denied , unfortunately she will file for divorce.The question is if he is going to get married with another woman in few years can he apply again for residence??what advice you have for him? thank you.
Optional Information: State/Country relating to question: Indiana Already Tried: google
Well, if he is already planning to marry someone else, that just shows that his original marriage and maybe the new one will be just to try to stay in the U.S. He needs to either fix his current marriage or he needs to start the divorce process and prove that his original marriage was real and not entered into for the purpose of obtaining a green card. The reason this is important is even if he does marry someone else in the future, if he doesn't have his green card and tried to get a new one through the new marriage, they will require him to prove the original marriage anyway. Here is a link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD
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he is not thinking to another marriage already ,he was just thinking at his future ...they don't have other proofs except what they already sent to immigration .and looks like is not enough .you think he should go by himself at the interview or what he can do if she don't want to go?thank you
He needs to change his I-751 to an I-751 waiver. If he didn't have enough evidence before and he is already worried about it, I strongly recommend that he use an attorney. You can look for one at http://www.ailalawyer.com/. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
if he will send the waiver he will be rescheduled for another interview or what will happen? wich is the first step that you will recommend ?
I would recommend that he go to http://infopass.uscis.gov/ and make an appointment to speak to an immigration officer in person, let them know what is going on, that the marriage is real but just fell apart and how they at the local office would like him to handle the I-751.
thank you for your help.have a good night
You are very welcome. Good night to you as well!