Legal Question in Immigration Law in Iowa

Divorce and new marriage On K-1 and conditional GC

I'm married to an American citizen for 14 month, I came on K-1 and just got my conditional green card. My marriage doesn't work really good and I met another man and we love each other and waht to get married. He is US citizen too.

When I told my husband that I want to leave him, he was angry and I think he call to INS or something like that and he always scares that they now will cancell my conditional green card and deport me home and they will have a hearing about my case because I lied on interview. I didnot lie I got in this marriage in good faith. But he tells me that I will be deported anyway and will never be able to come back to USA.I just want to get divorce and get married with man that I love and I do not care if my case or my citizenship will take more time I just want to be happy and have normal family with somebody who I love. But I'm scared because I do not want to be deported .

Can anybody help me am I going to be deported or my GC will be cancelled? Can I get divource and marry again?

Is INS going to invistigate my case? He wants me to stay married with him at least for 2 years like law says, because he tells he will help me, but I do not trust and we do not leave together anyway. Should I do that? Thank you


Asked on 12/15/04, 12:10 am

3 Answers from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Divorce and new marriage On K-1 and conditional GC

Hello,

I understand that you are scared and worried about what actions your husband might take. So long as you had entered the marriage in good faith as you mentioned you should be okay. However, what we would help you with would be preparing the paperwork and helping you collect the necessary paperwork to prove that the marriage was genuine. I would be more than happy to discuss your case with you over the phone. You can reach me at (732) 985-1310.

Sincerely,

Sameer Kumar

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Answered on 12/15/04, 12:55 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Divorce and new marriage On K-1 and conditional GC

Your husband is behaving badly, and there is no question about that. But you should not be intimidated by his threats. There are many remedies available to you to get out of a bad relationship and continue on with a good one.

There is a statute called the Violence Against Women's Act ("VAWA") which assists immigrant women in abusive relationships in achieving liberation, without having to capitulate to the U.S. Citizen husband's idle threats that he can derail the pending green card process of his immigrant spouse unjustly.

Contact our law office at (212) 618-1830 to schedule a consultation, and to determine if this remedy (amongst others) is available to you.

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Answered on 12/15/04, 12:58 pm
Baoqin Wang Law Office of Baoqin Wang

Re: Divorce and new marriage On K-1 and conditional GC

As long as you entered the marriage in good faith, you should be able to get a divorce and still keep your greencard. Usually when applying to remove the condition of your greencard, you need to have your husband sign the forms and attend the interview. If you have a divorce, then you need to apply for a waiver of his signature and interview. You definitely need an attorney's help.

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Answered on 12/15/04, 8:20 pm


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