am i able to petition for my fiance soon to be husband

[karlitav18 0]

I became a permanent resident through marriage to a US Citizen in 2007. On 09/2010 i became a Citizen (based on the 3 years). By that time I was having problems with my marriage and my husband left me by December of the same year, he moved in with his new girlfriend. We got married when i was very young, i was in my late teens and i guess we didn't realized the responsibilities a marriage involved. He never provided me with stability even though he has a good job. He even left me with a tremendous debt since he went over the limit in all my credit cards, he was a gambler and practically lived off my family for the five years my marriage lasted.

I decided to filed for divorce on August/2011 since there was no hope for our marriage and the sentence was granted by November/2011. On July last year i met my current boyfriend and fiance, he is a really nice, caring and responsible person. He proposed to me and we decided to get married. We are from different backgrounds and he used to live in another state before.

I would like to petition for him but i am afraid that my previous marriage might come into question and perhaps affect my current fiance. I will appreciate any feedback or suggestion.

[dandk 72]

I became a permanent resident through marriage to a US Citizen in 2007. On 09/2010 i became a Citizen (based on the 3 years). By that time I was having problems with my marriage and my husband left me by December of the same year, he moved in with his new girlfriend. We got married when i was very young, i was in my late teens and i guess we didn't realized the responsibilities a marriage involved. He never provided me with stability even though he has a good job. He even left me with a tremendous debt since he went over the limit in all my credit cards, he was a gambler and practically lived off my family for the five years my marriage lasted.

I decided to filed for divorce on August/2011 since there was no hope for our marriage and the sentence was granted by November/2011. On July last year i met my current boyfriend and fiance, he is a really nice, caring and responsible person. He proposed to me and we decided to get married. We are from different backgrounds and he used to live in another state before.

I would like to petition for him but i am afraid that my previous marriage might come into question and perhaps affect my current fiance. I will appreciate any feedback or suggestion.

Providing that you have finalized your divorce and have your Divorce Decree, you can file petition I-129F for K-1 (Fiance Visa). As petitioner you must also qualify for income at least 125% of the poverty guidelines to sponsor your fiance. If you do not meet the income requirement, you may have a co-sponsor.

See these http://www.visajourney.com/content/k1guide

Good luck your visa journey.

[AF-Wife 181]

I don't see any problem at all. It's just a marriage that didnt work.

[tom&tanya 48]

You are a US Citizen. You are no less a citizen than someone who was born here! You have the right to petition for a visa for your fiance. The only requirement is that you and he are free to marry when you file the petition. They will not ask you the reason you got divorced, nor pass any judgement on your previous marriage. They only care that you are not married now.... (The US government considers that a big no-no)

[NigeriaorBust 4,087]

If you got your green card based on marriage to a USC you must wait 5 years to petition someone based on a new marriage/relationship. Also be prepared to have the relationship closely evaluated. SO wait until 5 years from the resident since data if it hasn't yet passed

Edited July 28, 2012 by NigeriaorBust

[tom&tanya 48]

If you got your green card based on marriage to a USC you must wait 5 years to petition someone based on a new marriage/relationship. Also be prepared to have the relationship closely evaluated. SO wait until 5 years from the resident since data if it hasn't yet passed

This is not correct. The OP is not a green card holder, she is a US Citizen with the same rights as every other citizen

[Anh map 2,098]

You are a US Citizen. You are no less a citizen than someone who was born here! You have the right to petition for a visa for your fiance. The only requirement is that you and he are free to marry when you file the petition. They will not ask you the reason you got divorced, nor pass any judgement on your previous marriage. They only care that you are not married now.... (The US government considers that a big no-no)

Actually the prior marriage is eligible for scrutiny. Just as my prior marriage was discussed at the interview. The entirety of both the petitioner's and the beneficiary's lives are fair game.

And for what it's worth, I was born in the US.

[tom&tanya 48]

Actually the prior marriage is eligible for scrutiny. Just as my prior marriage was discussed at the interview. The entirety of both the petitioner's and the beneficiary's lives are fair game.

And for what it's worth, I was born in the US.

Which interview? For a K-1 visa? That's interesting. They couldn't ask me any questions since i wasn't at that interview. Additionally, My divorce was finalized one day before I sent in my petition.

[NigeriaorBust 4,087]

This is not correct. The OP is not a green card holder, she is a US Citizen with the same rights as every other citizen

It is correct , there is a prohibition on filing for someone when you yourself got into the country by way of a marriage based green card less than 5 years ago. It doesn't matter if the person is now a USC. The 5 year aniverary should have just passed or about to pass. This clause is to hinder the abuse of a USC by a foreign national to get to the US , end the relationship with the USC and then file for a already existing lover. A relationship this close to the 5 year mark will be highly examined.

[Anh map 2,098]

Which interview? For a K-1 visa? That's interesting. They couldn't ask me any questions since i wasn't at that interview. Additionally, My divorce was finalized one day before I sent in my petition.

Asked the beneficiary.

[tom&tanya 48]

It is correct , there is a prohibition on filing for someone when you yourself got into the country by way of a marriage based green card less than 5 years ago. It doesn't matter if the person is now a USC. The 5 year aniverary should have just passed or about to pass. This clause is to hinder the abuse of a USC by a foreign national to get to the US , end the relationship with the USC and then file for a already existing lover. A relationship this close to the 5 year mark will be highly examined.

OK, if this is the case, please publish the rule here. I'm sorry but in order for me to believe that there is one rule for one kind of american and another for "another kind", I'll have to see it.

[tom&tanya 48]

Asked the beneficiary.

I would hardly call asking the beneficiary questions that they could have only scant second hand knowledge of "Scrutiny"

which actually means:

scru·ti·ny

 

1.a searching examination or investigation.2.surveillance; close and continuous watching or guarding.3.a close and searching look.

[Harpa Timsah 13,258]

OK, if this is the case, please publish the rule here. I'm sorry but in order for me to believe that there is one rule for one kind of american and another for "another kind", I'll have to see it.

It's in the I-130 instructions, dude. "Who may NOT file I-130."

[tom&tanya 48]

It's in the I-130 instructions, dude. "Who may NOT file I-130."

Hey "dude" a K-1 files a I-129, not an I-130 ... get your facts straight ... dude. And by the way, when did the guides here replace the USCIS rules?

[NigeriaorBust 4,087]

If they believe that the USC petitioner used a USC to come to the US and the marriage was entered into for immigration purposes they could strip all benefits away including citizenship. That is one difference between a natural born USC and one granted citisenship later. Cheat to get it and it can be taken away. K1 isn't an easier visa than an I130. It is based on the same underlying CFR code.