Filing for new spouse after divorcing my USC spouse?

[imse82 45]

I got my US citizenship after marrying a US citizen and the marriage didn't work out and my spouse left me. Right now I'm thinking about marrying someone from my original country. I'm wondering if anyone in the same position and if the process goin to take longer than usual? I entered my previous marriage in good faith and have tons of evidence to prove it so that's not a concern. Just wanted to hear if others have had any difficulties. Thanks.

[NikLR 13,232]

***moved to bringing family members of LPR to America from IR1/CR1 progress reports***

[Darnell 8,479]

Your exact background will trigger a red flag at USCIS and at the IV Unit, so plan ahead.

[NigeriaorBust 4,087]

There is a basic prohibition of using an I130 to file for a spouse if you get your status through marriage in the last 5 years ( except the classic ability to prove a legit marriage ) Expect an RFE is you fall into the 5 year window, or wait until the window passes. It is a common fraudulent practice to marry a USC then divorce and marry your real love. Expect that to be the assumption in your case and be prepared to show that it isn't so.

[imse82 45]

There is a basic prohibition of using an I130 to file for a spouse if you get your status through marriage in the last 5 years ( except the classic ability to prove a legit marriage ) Expect an RFE is you fall into the 5 year window, or wait until the window passes. It is a common fraudulent practice to marry a USC then divorce and marry your real love. Expect that to be the assumption in your case and be prepared to show that it isn't so.

Planning on getting married two months before the 5 years window. But not worried as I have enough to prove my last marriage was in good faith. I assume my case will probably take longer to process. ?

[Cathi 5,794]

You shouldn't have any major issues, you were married to your American spouse for almost 5 years, and as you said you have a lot of evidence that it was entered into in good faith. The same thing happened to my brother in law, he divorced his US wife after 3 years(entered in good faith, he went to college in the US and married his college sweetheart), they just weren't compatible. He married a woman from Jordan a few years ago, he didn't have a single problem bringing his new wife over, no RFE's. In fact he was the one we called when we had questions about my husband's petition and IV application, and we didn't get any RFE's either. Good luck!!!

Edited August 12, 2013 by mimolicious