Legal Question in Immigration Law in California
from marriage to marriage 2
Referring to the question before: Marriage counseling & the likes is out, absolutely. What if I get married soon after the divorce & hopefully will be pregnant soon from my new husband (an old relationship just appeard after 15 years & he is also dying for--name removed--child & would marry me right away. If my husband wanted to have--name removed--child I would not even consider him, but in this heartbreaking situation I really do.) So, would the new husband protect me from deportation? he is also--name removed--US citizen & never was married before. I figured that I would have to start the process from the beginning, but would not they adjust my status again? I just want to have--name removed--family, incl.--name removed--child. I do not even care about workpermit & other privileges, just to be able to be with my husband & my child. Thank you for your advice, hopefully this letter will make the situation clearer.
3 Answers from Attorneys
Re: from marriage to marriage 2
If the marriage to the second husband is sincere (especially with a child), and you are still in status at the time (before the end of the conditional green card status), then you can file adjustment again and there shouldn't be too much of a problem. The immigration law doesn't prevent people from divorcing when things just truly don't work out. The trick is not to be out-of-status for too long before the 2nd adjustment is filed or the INS will have time to initiate removal proceedings against you. You would have to plan it out well with competent legal counsel because when divorce is filed, you can't get married again for six months in California.
Liem Doan, Esq.
Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an
attorney-client relationship has been expressly established.
Re: from marriage to marriage 2
I must correct my previous reply to this question. Your situation is somewhat obscure and, after checking, it turns out that in 1997 the regulations were changed to prevent a person from adjusting again if she is already a conditional permanent resident. It's not clear from the language of the regulations if the second ajustment is allowed AFTER the condition has been removed.
Liem Doan, Esq.
Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an
attorney-client relationship has been expressly established.
Re: from marriage to marriage 2
There are numerous issues which need to be discussed and this forum is not appropriate and/or practical. You need an immigration attorney to review the facts of your individual case so that your rights are not prejudiced.
I strongly recommend you to hire a lawyer. Please call your local Bar Association and ask for a referral to an attorney who specializes in immigration law.
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