nobody knows this??? please!

[imailin 0]

once a person that got the citizenship trough marriage and got divorce how long has to wait to ask as a citizen a new husband???

I have a friend that just got the divorce papers last month (after 7 months) and now she is in love and would really like to married her new boyfriend, which he has no status.... how long she has to wait to be able to ask for him???

I heard 5 years but from where you count? since she is a resident or a citizen?

thanks!

I ask here cause dont know where to ask!

[kmineo 0]

Again you are going to have to adda bit more details.

Your friend can get married when ever she wants.

I presume you are asking when can her new husband or fiance apply for a Green Card.

Well is she a US citizen or just a Green Card Holder? If a green card holder does she have her 10 year Green card?

Where is this boyfriend living now? If he is in the States, is he on a Visa?

Personal advice, if she just got a divorce albeit a 7 month process, probably not the best thing to rush into another marriage straight away.

[*JG* 2]

7 months of marriage? 7 months as a green card holder? 7 months as a citizen?

I am almost thinking it is way too soon and is going to look fishy to USCIS no matter what. But, give more details and we'll see what we can come up with.

[eau_xplain 2]

once a person that got the citizenship trough marriage and got divorce how long has to wait to ask as a citizen a new husband???

I have a friend that just got the divorce papers last month (after 7 months) and now she is in love and would really like to married her new boyfriend, which he has no status.... how long she has to wait to be able to ask for him???

I heard 5 years but from where you count? since she is a resident or a citizen?

thanks!

I ask here cause dont know where to ask!

Since your friend is no longer married to her USC husband, she has to wait 5 years from the date of her first green card before she can apply for Naturalization.

[imailin 0]

i guess nobody understood my question.... my friend is already a US citizen (last year she got her naturalization) she is divorced now. My question is: if she gets married again within the next year would she be able to claim her new husband (which lives in USA but has an expired visa) or she has to wait longer to claim him... I don’t care if it looks good or bad... I just would like to know if anyone knows if it s 5 years from the date she was a legal resident or five years from the date she became a citizen...

Form I-130 says: whish it says 5 years from the green card, i just wanted to know if anyone knows this is certain to advised her.....

A period of five years has elapsed since you became a lawful permanent resident; or

You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or

Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.

Thanks guys anyways...

[seaflower 0]

why don't you just ask an attorney , if you have doubts about it, i don't think we know much better in this case or try to find the correct section for it here, This is for remove conditions, so we don't know much about it, however i think the spouse can apply for your friend right away , sh ejust have to have a lot of proof that it is a good marriage in case they have doubts, and also why did she divorce that make a big difference , if it was for abuse, INS will not try to give her hard time if she married again, however why did she divorce , i will do more searches for you , and also what is her country of origin and your friend country of origin tha is a big step to INS too

[Gaby&Talbert 1]

Once she is a citizen she should be able to petition for anyone eligable. If she had to wait then how do people upgrade a petition once they become a citizen? Someone can correct me if I am wrong by quoting the section of INA but I have never read that their is a waiting period for anything once you are a citizen.

[kc456 0]

A period of five years has elapsed since you became a lawful permanent resident; or

I believe there is a waiting period to sponsor another immigrant through marriage, if someone gained citizenship through a marriage to a USC.

Which seems to be 5 years since becoming an LPR, as the OP cites (from a form?). But I'd check with an attorney.

[Mme Rej 0]

Where is that waiting period that you people are talking about. The person has citizenship so she should be able to marry and petition her husband..She has been over her conditional green card what now they have conditional citizenship?

Catch my drift?

Just a thought!

i guess nobody understood my question.... my friend is already a US citizen (last year she got her naturalization) she is divorced now. My question is: if she gets married again within the next year would she be able to claim her new husband (which lives in USA but has an expired visa) or she has to wait longer to claim him... I don’t care if it looks good or bad... I just would like to know if anyone knows if it s 5 years from the date she was a legal resident or five years from the date she became a citizen...

Form I-130 says: whish it says 5 years from the green card, i just wanted to know if anyone knows this is certain to advised her.....

A period of five years has elapsed since you became a lawful permanent resident; or

You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or

Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.

Thanks guys anyways...

[kc456 0]

A period of five years has elapsed since you became a lawful permanent resident; or

I believe there is a waiting period to sponsor another immigrant through marriage, if someone gained citizenship through a marriage to a USC.

Which seems to be 5 years since becoming an LPR, as the OP cites (from a form?). But I'd check with an attorney.

I take that back -- the waiting period seems to apply to permanent residents only; not citizens. I'd still check with an attorney though about any other issues in the case.

[bettenan 1]

A period of five years has elapsed since you became a lawful permanent resident; or

I believe there is a waiting period to sponsor another immigrant through marriage, if someone gained citizenship through a marriage to a USC.

Which seems to be 5 years since becoming an LPR, as the OP cites (from a form?). But I'd check with an attorney.

I take that back -- the waiting period seems to apply to permanent residents only; not citizens. I'd still check with an attorney though about any other issues in the case.

I'd say since the new hubby is out of status they would need a good immigration attorney, anyway, so the best plan would be at least have a consulatation with a good qualified immigration attorney.

[PlatyPius 5]

She is a citizen.

Citizens can marry whomever they want with no waiting periods or such (other than for a marriage license, if required by her state)

Ergo, she can marry whenever she wants.

[russian_armenian 4]

There is a waiting period for permanent residents gotten GC through marriage (5 years). Never heard about citizents required to wait to petition an allien. She can petition for her husband even if he is out of status/illigal (but I think he should arrive to US trough customs-no matter when and with what visa)-'cause it goes straight to adjustment procedures.

i guess nobody understood my question.... my friend is already a US citizen (last year she got her naturalization) she is divorced now. My question is: if she gets married again within the next year would she be able to claim her new husband (which lives in USA but has an expired visa) or she has to wait longer to claim him... I don’t care if it looks good or bad... I just would like to know if anyone knows if it s 5 years from the date she was a legal resident or five years from the date she became a citizen...

Form I-130 says: whish it says 5 years from the green card, i just wanted to know if anyone knows this is certain to advised her.....

A period of five years has elapsed since you became a lawful permanent resident; or

You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or

Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.

Thanks guys anyways...

[Gaby&Talbert 1]

There is a waiting period for permanent residents gotten GC through marriage (5 years). Never heard about citizents required to wait to petition an allien. She can petition for her husband even if he is out of status/illigal (but I think he should arrive to US trough customs-no matter when and with what visa)-'cause it goes straight to adjustment procedures.

i guess nobody understood my question.... my friend is already a US citizen (last year she got her naturalization) she is divorced now. My question is: if she gets married again within the next year would she be able to claim her new husband (which lives in USA but has an expired visa) or she has to wait longer to claim him... I don’t care if it looks good or bad... I just would like to know if anyone knows if it s 5 years from the date she was a legal resident or five years from the date she became a citizen...

Form I-130 says: whish it says 5 years from the green card, i just wanted to know if anyone knows this is certain to advised her.....

A period of five years has elapsed since you became a lawful permanent resident; or

You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or

Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.

Thanks guys anyways...

If he came to the US legally but his visa expired he does not have to leave the country for any reason. She can file the I-130 and I-485 and wait for his green card. If she is a citizen she can file for her husband right now.