question

[teddy2007]

I recently got divorced with my husband( i lived for 5 years in marriage).We had an interview 2 years ago where we were told i would get the green card and that the FBI name check is pending. Now our marriage is terminated (5 months ago). My question- can i marry somebody and start the proccess over, how can i stop the first case and start the second. Please help, i do not want to screw up.Thankx

[lawman]

You don't want to stop the processing of your green card application due to the FBI name check still processing. I understand that you are now divorced, however, at the time of your interview you, and your spouse had to show that good faith existed at the time of the interview.

Now, had your FBI name check cleared in a timely manner, you would have already received the permanent resident card prior to your divorce.

DO NOT! withdraw any processing of your adjustment of status case. Your status at this time is "Pending Adjustment of Staus". The only way USCIS will withdraw your processing at this stage, is if for some reason your spouse has written a letter stating to withdraw the process, and USCIS has that informaiton in your case file.

Once your background investigation clears, if all is well, U.S. Citizenship and Immigration Services (USCIS) will inform you if you have to retake your finger prints, and send you an appointment notice. (Fingerprints are valid for 15 months).

If you are seeking to remarry, you may want to wait until your background investigation clears, and receive your permanent resident card.

Also, if you are no-longer married, and divorced there are provisions under immigration law that would allow for your to self petition on your own behalf based on 2-years of marriage to a U.S. Citizen by filing Form I-360.

When it comes to expediting the FBI name check process, If you meet one of the four criteria's below, USCIS can expedite the processing of your FBI name check process. (Available off USCIS website dated Feb 20. 07)

1. Military deployment,
2. Age-out cases not covered under the Child Status Protection Act, and applications affected by sunset provisions such as diversity visas,
3. Significant and compelling reasons, such as critical medical conditions, and
4. Loss of social security benefits or other subsistence at the discretion of the USCIS District Director.

Good Luck!

[teddy2007]

question

Thank you so much for the answer. But my question is how i can marry another person and still be waiting for the green card with the first husband?
I thought we could of started the whole proccess again? Please help, i am afraid if FBI would come and check if i am living with my husband and i will be divorced and remarried and having different address?Thank you