Green card holder how long before I file for spouse overseas?

[Lido 0]

I am a green card holder through previous marriage that lasted 8 years, Filed for divorce in 2010 after my I-360 approval & before I get approved for green card through interview. Now, I got approved few months ago, how long do i have to wait before marrying & filing for my future spouse who is overseas?

I-130 Instructions Under Who may not file:

5 - A husband or wife if you gained Green card by virtue of a prior marriage to US citizen or lawful resident Unless:

A - a period of 5 years elapsed since you became lawful resident.

B- you can establish by clear evidence that the prior marriage through which you gained your immigration status was not entered into the purpose of evading any provision of the

immigration law.

So, do i have to wait 5 years or file based on Section B?

[stronger 43]

5 years after becoming a lawful permanent resident. Normally that's after conditions are removed. 2 years after first interview.

[JimVaPhuong 4,863]

I am a green card holder through previous marriage that lasted 8 years, Filed for divorce in 2010 after my I-360 approval & before I get approved for green card through interview. Now, I got approved few months ago, how long do i have to wait before marrying & filing for my future spouse who is overseas?

I-130 Instructions Under Who may not file:

5 - A husband or wife if you gained Green card by virtue of a prior marriage to US citizen or lawful resident Unless:

A - a period of 5 years elapsed since you became lawful resident.

B- you can establish by clear evidence that the prior marriage through which you gained your immigration status was not entered into the purpose of evading any provision of the

immigration law.

So, do i have to wait 5 years or file based on Section B?

What was the basis of your I-360 petition? Was it VAWA?

[Lido 0]

What was the basis of your I-360 petition? Was it VAWA?

Yes based on Vawa, my GC is unconditional do I still have to wait 5 years ?

[milimelo 4,563]

Moving to bringing family members of LPRs.

[JimVaPhuong 4,863]

Yes based on Vawa, my GC is unconditional do I still have to wait 5 years ?

If it was VAWA then you've already proven that you've entered the marriage in good faith. However, you can expect that they will reexamine this in light of the fact that you are now petitioning for a foreign spouse. If, by any chance, you had a relationship with your future spouse before coming to the US then you can expect your relationship to be seriously scrutinized. In that event, your case would fit the pattern of a particular type of visa fraud where a foreigner marries a US citizen specifically to get legal status in the US, when their real objective was to marry their foreign BF/GF and live in the US. They're going to examine your relationship to see if it fits this pattern. Unfortunately, a VAWA claim is often an element in these type of fraud cases.

Be patient, and be prepared for delays.

[yulisa 9]

this sounds like a fraud.i hope u were not inlove with someone b4 u came into the usa.plse dont even apply for it.it makes other vawa cases bad.thanks.sorry if I sound rude.