Canadian Citizen Marrying a PR

[ceadsearc 516]

If you tweak the scenario a little, you can see the wait disappear. At year 3, the LPR becomes a US citizen. He immediately divorces and files for his new wife. No wait when the I-130 & I-485 is filed concurrently if the foreign spouse just happens to be in the US.

This is why the 5 years rule is still needed.

Ah, I see your point. I suppose that is why there is also a 5-year citizenship rule if you are no longer married to the USC.

[Usman.Usman 0]

Read the instructions for Form I-130.

Your friend acquired his green card through a previous marriage to a US citizen or LPR. He is now divorced and wants to marry a Canadian.

He is free to marry her. There is no need for him to wait. However, he cannot petition for her until he has had his green card for 5 years. If he wants to petition for her before the 5 years, he will need prove his first marriage was not a fraudulent means for him to obtain a green card.

Can you please more specific, How he supposed to prove that his marriage was not fraudulent, is there such a thing as fake marriage exist, how that is possible? When you mentioned that he has to prove, he is not with that girl anymore and if he ask her to come forward she will not come that is the reason they got divorced in the first place. They were not happy couple. Then what document he needs to show that his marriage was not fake can you please name them?

This is the scenario that USCIS is prohibiting; 1) Fraudulent marriage to get green card, 2) divorce once the spouse gets a 10 years green card or US citizenship, and 3) marry true love and bring to US. This is why the law requires a 5 years period on this person who obtains a green card based on marriage to a US citizen or LPR, then quickly divorce so he/she can marry his/her true love and bring that person to the US. Seems like a plan for fraudulent marriages to obtain immigration benefits.

It is NOT because I can testify they were married.

Please add more on this.. Thanks

[Usman.Usman 0]

Some of you may find this cynical, but I find it offensive if true.

A person can prove a bona fide marriage to remove condition at the 2 years mark. It takes a few months to remove condition. Immediately afterwards, the marriage break apart. At year 3, the LPR who no longer has to do anything to maintain his LPR status finds a foreign person to fall in love with and bring to the US.

It seems to me that in many cases, one can make the argument that this objectively looks like fraud.

This is why the 5 years rule exist. To discourage this type of fraud.

I am the witness of their marriage and I myself am a USC.