Got GC thru USC, divorced, now wants to petition for new spouse possible ?

[caliguy77 1]

Here is the case:

Person X got married to a USC and got the green card. Unfortunately they got divorced. Then person X got conditions removed and got permanent Green Card.

Person X is getting ready to apply for citizenship. And its getting close to 3 years since the divorced was finalized.

Person X is in love with someone from outside of US. Person X would like to get married and Petition I 130 for for the spouse.

Is there a requirement to wait before Person X Who got a GC thru a USC can file for a 130 for the spouse ?

Does immigration look at it and give Person X a hard time. I am hearing conflicting information - what your opinion ?

thanks,

[Otto 83]

Is there a requirement to wait before Person X Who got a GC thru a USC can file for a 130 for the spouse ?

No

Does immigration look at it and give Person X a hard time. I am hearing conflicting information - what your opinion ?

Hard to say - depends on individual circumstances.

** Topic not "K-1 Related"; moving thread to "Effects of Major Family Changes on Immigration Benefits" (not enough information to determine exact forum)

[justashooter 430]

Here is the case:

Person X got married to a USC and got the green card. Unfortunately they got divorced. Then person X got conditions removed and got permanent Green Card.

Person X is getting ready to apply for citizenship. And its getting close to 3 years since the divorced was finalized.

Person X is in love with someone from outside of US. Person X would like to get married and Petition I 130 for for the spouse.

Is there a requirement to wait before Person X Who got a GC thru a USC can file for a 130 for the spouse ?

Does immigration look at it and give Person X a hard time. I am hearing conflicting information - what your opinion ?

thanks,

if the intended fiancee is from the initial immigrant's home country, and more specifically home city, they will be looked at harder, for sure. especially if the persons are from a high fraud country, and if the initial immigrant divorced in short order, or used VAWA...

[FortLaudy 10]

"if the intended fiancee is from the initial immigrant's home country, and more specifically home city, they will be looked at harder, for sure. especially if the persons are from a high fraud country, and if the initial immigrant divorced in short order, or used VAWA..."

Yikes, I still can't get over that scheme, couldn't believe it until I read about it on here a little while ago.... man, that's just Unbelievable!!!!

Have to say though, since killing time waiting for this AOS to go through, I'm a total VJ junkie, the stories on here, especially the "Major Effects..." is better than any film I've ever seen, lol !

[sachinky 465]

I come to VJ for my daily dose of entertainment.

And the nice people and the free advice of course.

[Gracie79 1]

I come to VJ for my daily dose of entertainment.

And the nice people and the free advice of course.

I once read that within 5 years, you cannot sponsor another, but I forget since the grant of green card, or petition or approval of I-130.

[Chica Yeyé 41]

Once person "X" [insert here] becomes a USC, person "X" can petition for someone else. Like jas said, if it is from the same city as person "X", they will grill you about that.

[Zen Den 18]

Here is the case:

Person X got married to a USC and got the green card. Unfortunately they got divorced. Then person X got conditions removed and got permanent Green Card.

Person X is getting ready to apply for citizenship. And its getting close to 3 years since the divorced was finalized.

Person X is in love with someone from outside of US. Person X would like to get married and Petition I 130 for for the spouse.

Is there a requirement to wait before Person X Who got a GC thru a USC can file for a 130 for the spouse ?

Does immigration look at it and give Person X a hard time. I am hearing conflicting information - what your opinion ?

thanks,

no waiting requirement, but each case is treated differently...to be positive about it, if there is nothing that will look dubious from the eyes of uscis/nvc, then you're fine

to verify, read this: http://www.uscis.gov/files/article/A1.pdf

[lucyrich 20]

Once "Person X" becomes a US Citizen, they immediately have all the rights and privileges that come with Citizenship, including the right to petition for someone else to immigrate. There's no waiting period.

There IS the issue that Person X's actions might (or might not) indicate that they used the original marriage for the purpose of obtaining an immigration benefit. If new facts come to light that would cause the USCIS to believe that Person X's green card and subsequent naturalization was procured through fraud, misrepresentation, or concealment of a material fact, then the USCIS can retroactively cancel the naturalization and deport Person X with a lifetime ban. That's not quite the same as taking away their citizenship; it's a retroactive statement that Person X was never really a US Citizen in the first place. So Person X never had the right to file an immigration petition for the new spouse, among other things.

Whether it looks like fraud or a legitimate change of heart is going to vary depending on the specific facts.

[caliguy77 1]

Thanks All !

Its completely legit, no fraud very genuine. Its better to be truthful. So here is what is going on with my friend. Person X will get married. Meanwhile apply to become USC which is due. And then once N400 is approved, it will be time for 130. When person X goes to the citizenship interview, there will be a divorce decree and a new marriage certificate. Will have to wait and see what happens. I think that person X needs to just state that yes got married, got divorced and getting married again. It is what it is, cant plan the life around what immigration may or may not think...

Wish person X lots of Luck !

[sachinky 465]

Unless I just misread what you wrote, your friends sounds like he's about to commit marriage fraud. If found guilty of fraud and representation, U.S. citizenship can be and will be and should be revoked.

[tallcoolone 102]

All this talk of "X" got me wanting to party

X was legally sold at bars and by dealers back in my day.

Good Stuff............

[Kathryn41 3,205]

Please keep the off-topic kind of comments out of the immigration forums. They add nothing to the discussion and do not help the OP.

[karenros 0]

When person X goes to the citizenship interview, there will be a divorce decree and a new marriage certificate. Will have to wait and see what happens. I think that person X needs to just state that yes got married, got divorced and getting married again. It is what it is, cant plan the life around what immigration may or may not think...

i dont think it works like that... when u go for interview you cannot submit a different marriage certificate you will have to be married to the same guy in order to get citizenship esp if your going to apply based on the 3 yr rule..

but something here looks fishy...

[aaron2020 11,651]

To Caliguy77,

If a few posters here thinks the situation is fishy, then you can guess how the immigration folks will treat it. I am not saying that immigration fraud is the case here, but the situation is suspicious and a full vetting will occur. If it is fraud, the new spouse could end up losing his/her US citizenship because of fraud in his/her immigration to the US.

In reply to your posting, "It is what it is, cant plan the life around what immigration may or may not think..." Then X better be prepared to live life in the US without the new spouse and/or the loss of US citizenship. What the immigration folks may think could come back to bite X in the behind.