Green card marriages

[Dalhousie 0]

An alien friend married a USC who had previously been married to another alien woman and whom he had divorced shortly after she got her green card and shortly before marrying my friend. The friend and her USC husband now want to apply to adjust status for her and get her a green card, but someone in the immigrant community says USCIS has "a rule that if you just divorced an alien who got a green card because of your marriage, you have to wait 5 years before petitioning for another alien spouse." Anyone hear of that rule before? If so, where is it found?

Thanks!

[Penguin_ie 5,996]

There is no such rule; there will certainly be a lot of questions about the timeline and the bonafides of this- and possibly the earlier- marriage, but it is not forbidden to do what your friend and her husband did, and a visa (or AOS in this case) can be applied for.

[moonhunt 1]

An alien friend married a USC who had previously been married to another alien woman and whom he had divorced shortly after she got her green card and shortly before marrying my friend. The friend and her USC husband now want to apply to adjust status for her and get her a green card, but someone in the immigrant community says USCIS has "a rule that if you just divorced an alien who got a green card because of your marriage, you have to wait 5 years before petitioning for another alien spouse." Anyone hear of that rule before? If so, where is it found?

Thanks!

It might be confused for following situation.

If Alien got the green card through marriage-based case, he/she may not sponsor for another alien for green card unless it is passed 5 years since he/she was approved for marriage-based green card.

There are exections but it will be difficult because USCIS may consider immigration fraud possibility for such case.

It is explained in I-130 instructions.

But frequent marriage involved in green card may be considered as similar case such as fake marriage for immigration purpose.

So be careful!

The other minor thing is that you may have to check the local rule for marriage.

Some State may have the law that you can not marry within certain timeframe - normally 1 year - from when you got divorced.

That was from old days to identify parents when the woman may be pregnant around the time of divorce.