Spouse Of PR

[Ali Jawad 0]

Hi,

Please add your thoughts and previous experience into this matter as I am a little confuse. I am a U.S Permanent Resident through my previous marriage to USC. I have full 10 years status and am legally divorced (it’s been almost 4 years). I met this girl who lives outside the US and wanted to marry her but I came across this while I was researching … instructions form I-130… You are not allowed to apply for an I-130 If; you gained lawful permanent resident status by virtue of a prior marriage to a US citizen or lawful permanent resident, unless:

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

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

The confusion are:

a. How do I convince them that the marriage was not entered into purpose of evading immigration laws?

b. What ‘’clear and convincing evidence’’ should I produce that I was married to my previous wife, I mean they already have all the documents, like our financial resources together – proves that we were living for three years together- all the bills and all the paperwork .. They have granted me my 10 years status through those documents that I provided them, what other evidence they want me to provide? I mean I can re-copy and send them all again, if this is what they want, apart from that what other evidence there could be?

c. I think being with someone for 3 years is enough evidence …. We were not happy with each other and we got divorced simple as that. What other documents they require or want me to provide to prove them, I can’t go back to my x wife and say can you please come and go to court with me and swore that you were with me, It is impossible.

Thanks and I appreciate your thoughts here…

[Ali Jawad 0]

Anyone can help here, Please?

[JimVaPhuong 4,863]

When was your first conditional green card issued?

The standard of evidence for this, as you've noted, is "clear and convincing". This is a higher standard of proof than the one you would have met if you had self-petitioned for removal of conditions. This requirement is described in section 21.3(L) of the Adjudicators Field Manual:

(L

) Marriage within Five Years of Obtaining LPR Status .

Section 204(a)(2)(A) of the Act generally prohibits the approval of a visa petition filed by a lawful permanent resident for a spouse within 5 years of the date on which the petitioner became a LPR if that LPR obtained his or her residence status through a prior marriage. The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death.

8 CFR 204.2(a)(1)(i)

specifies the type of evidence which the petitioner must submit to meet the clear and convincing standard. If the petitioner falls within this restriction and has not submitted the requisite evidence, send him or her a letter explaining the deficiency and requesting additional evidence. If satisfactory evidence is not submitted within 60 days (or 120 days if the petitioner has requested and been granted additional time), deny the petition.

Ok, so you have to submit the required evidence or the petition will be denied. Federal law 8 CFR 204.2(a)(1)(i) describes the type of evidence that must be submitted. Let's see what the law says:

(A) A visa petition filed on behalf of an alien by a lawful permanent resident spouse may not be approved if the marriage occurred within five years of the petitioner being accorded the status of lawful permanent resident based upon a prior marriage to a United States citizen or alien lawfully admitted for permanent residence, unless:

( 1 ) The petitioner establishes by clear and convincing evidence that the marriage through which the petitioner gained permanent residence was not entered into for the purpose of evading the immigration laws; or

( 2 ) The marriage through which the petitioner obtained permanent residence was terminated through death.

(B) Documentation. The petitioner should submit documents which cover the period of the prior marriage. The types of documents which may establish that the prior marriage was not entered into for the purpose of evading the immigration laws include, but are not limited to:

( 1 )

Documentation showing joint ownership of property;

( 2)

A lease showing joint tenancy of a common residence;

( 3 )

Documentation showing commingling of financial resources;

( 4 )

Birth certificate(s) of child(ren) born to the petitioner and prior spouse;

( 5 )

Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the prior marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit; his or her relationship, if any, to the petitioner, beneficiary or prior spouse; and complete information and details explaining how the person acquired his or her knowledge of the prior marriage. The affiant may be required to testify before an immigration officer a bout the information contained in the affidavit. Affidavits should be supported, if possible, by one or more types of documentary evidence listed in this paragraph.); or

( 6 )

Any other documentation which is relevant to establish that the prior marriage was not entered into in order to evade the immigration laws of the United States.

(C

) The petitioner must establish by clear and convincing evidence that the prior marriage was not entered into for the purpose of evading the immigration laws. Failure to meet the "clear and convincing evidence" standard will result in the denial of the petition. Such a denial shall be without prejudice to the filing of a new petition once the petitioner has acquired five years of lawful permanent residence.

The director may choose to initiate deportation proceedings based upon information gained through t he adjudication of the petition; however, failure to initiate such proceedings shall not establish that the petitioner's prior marriage was not entered into for the purpose of evading the immigration laws.

Unless the petition is approved, the beneficiary shall not be accorded a filing date within the meaning of section 203(c

) of the Act based upon any spousal second preference petition.

The bolded sections describe the sort of the evidence they want. Curiously, it's the same sort of evidence they want when you self-petition to remove conditions, but somehow the standard of proof that must be met is higher.

I thought you should look at the bolded sentence in the paragraph above. If the adjudicator comes to the conclusion, based on the evidence you submit (or lack thereof), that you entered the previous marriage for the purpose of evading immigration law then they might revoke your permanent resident status and start removal proceedings against you. Are you will to take this risk in order to shave a year or two off the waiting time for your new spouse?

[Ali Jawad 0]

When was your first conditional green card issued? Its April 2009

The standard of evidence for this, as you've noted, is "clear and convincing". This is a higher standard of proof than the one you would have met if you had self-petitioned for removal of conditions. This requirement is described in section 21.3(L) of the Adjudicators Field Manual:

(L

) Marriage within Five Years of Obtaining LPR Status .

Section 204(a)(2)(A) of the Act generally prohibits the approval of a visa petition filed by a lawful permanent resident for a spouse within 5 years of the date on which the petitioner became a LPR if that LPR obtained his or her residence status through a prior marriage. The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death.

8 CFR 204.2(a)(1)(i)

specifies the type of evidence which the petitioner must submit to meet the clear and convincing standard. If the petitioner falls within this restriction and has not submitted the requisite evidence, send him or her a letter explaining the deficiency and requesting additional evidence. If satisfactory evidence is not submitted within 60 days (or 120 days if the petitioner has requested and been granted additional time), deny the petition.

Ok, so you have to submit the required evidence or the petition will be denied. Federal law 8 CFR 204.2(a)(1)(i) describes the type of evidence that must be submitted. Let's see what the law says:

(A) A visa petition filed on behalf of an alien by a lawful permanent resident spouse may not be approved if the marriage occurred within five years of the petitioner being accorded the status of lawful permanent resident based upon a prior marriage to a United States citizen or alien lawfully admitted for permanent residence, unless:

( 1 ) The petitioner establishes by clear and convincing evidence that the marriage through which the petitioner gained permanent residence was not entered into for the purpose of evading the immigration laws; or

( 2 ) The marriage through which the petitioner obtained permanent residence was terminated through death.

(B) Documentation. The petitioner should submit documents which cover the period of the prior marriage. The types of documents which may establish that the prior marriage was not entered into for the purpose of evading the immigration laws include, but are not limited to:

( 1 )

Documentation showing joint ownership of property;

( 2)

A lease showing joint tenancy of a common residence;

( 3 )

Documentation showing commingling of financial resources;

( 4 )

Birth certificate(s) of child(ren) born to the petitioner and prior spouse;

( 5 )

Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the prior marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit; his or her relationship, if any, to the petitioner, beneficiary or prior spouse; and complete information and details explaining how the person acquired his or her knowledge of the prior marriage. The affiant may be required to testify before an immigration officer a bout the information contained in the affidavit. Affidavits should be supported, if possible, by one or more types of documentary evidence listed in this paragraph.); or

( 6 )

Any other documentation which is relevant to establish that the prior marriage was not entered into in order to evade the immigration laws of the United States.

(C

) The petitioner must establish by clear and convincing evidence that the prior marriage was not entered into for the purpose of evading the immigration laws. Failure to meet the "clear and convincing evidence" standard will result in the denial of the petition. Such a denial shall be without prejudice to the filing of a new petition once the petitioner has acquired five years of lawful permanent residence.

The director may choose to initiate deportation proceedings based upon information gained through t he adjudication of the petition; however, failure to initiate such proceedings shall not establish that the petitioner's prior marriage was not entered into for the purpose of evading the immigration laws.

Unless the petition is approved, the beneficiary shall not be accorded a filing date within the meaning of section 203(c

) of the Act based upon any spousal second preference petition.

The bolded sections describe the sort of the evidence they want. Curiously, it's the same sort of evidence they want when you self-petition to remove conditions, but somehow the standard of proof that must be met is higher.

I thought you should look at the bolded sentence in the paragraph above. If the adjudicator comes to the conclusion, based on the evidence you submit (or lack thereof), that you entered the previous marriage for the purpose of evading immigration law then they might revoke your permanent resident status and start removal proceedings against you. Are you will to take this risk in order to shave a year or two off the waiting time for your new spouse?

There is no way they can remove my rights as a PR, because I have full evidence of my previous marriage. I heard it’s going to take up to 5 years for PR spouse visa to be granted, If that is the case then why this much headache, I can file for her when I am citizen?

[chaingang 7]

that is bunch of Bs , dont listen to any one , i have filed for visa and i had same issue like you , my wife case is approved from Uscis and now waiting in Nvc , if u were married in good faith than no one can take what you have, also it is USCIS right to ask about your previous marriage that don't mean they will ask , but you need to be mentally ready if they ask something in my case they didnt coz i had tons of proof to back my self up, so no questions asked and my petettion got approved right away.

i did throught lawyer and she was very very helpful and yes every expensive i didnt care about money but she is helping alot which i wanted .

Have a faith in God and get marry , dont listen to any one best thing u do contact lawyer they know all immigration laws here people can only advice you none of them are lawyers

At the end of the day u can do watever the heck u wana do

thanks

[Ali Jawad 0]

that is bunch of Bs , dont listen to any one , i have filed for visa and i had same issue like you , my wife case is approved from Uscis and now waiting in Nvc , if u were married in good faith than no one can take what you have, also it is USCIS right to ask about your previous marriage that don't mean they will ask , but you need to be mentally ready if they ask something in my case they didnt coz i had tons of proof to back my self up, so no questions asked and my petettion got approved right away.

i did throught lawyer and she was very very helpful and yes every expensive i didnt care about money but she is helping alot which i wanted .

Have a faith in God and get marry , dont listen to any one best thing u do contact lawyer they know all immigration laws here people can only advice you none of them are lawyers

At the end of the day u can do watever the heck u wana do

thanks

Thanks all ...