I-130 for Spouse and I have a 10 Years Green Card

[L0bster00 41]

I am a permanent resident of USA. I received my Green card through my marriage to US Citizen. I divorced her before my 2 years of Green card expired and thus i filed I751-Waiver. My waiver was approved without Interview. Dates: Got married in Oct-2011, Received CPR- Feb 2012- Divorced her Oct 2012- Filed for I751 Waiver Feb -2013- Received my 10 Years GC Sep 2013. This Summer i married a girl outside USA and now i want to bring her in USA.

On I-130 form it says that You cannot file for your Spouse if you gained your residency through a prior marriage to US Citizen unless you establish that your Marriage to US citizen was not fraud. I believe i already did that when i filed my I751 Waiver. Do i need to re-send the entire Good Faith Waiver Documents again along with I 130 I am about to file for her ?

It will take me 3 more years from now to be a Citizen. I don't have a K-1 Visa option as i am a Permanent resident. I cannot just wait for next 3 years to just sit it out.

What Options i have ?

[Boiler 45,486]

Go home comes to mind.

[florida4life 29]

5 years before you can file for citizenship. You are no longer married to your current wife so that 3 years don't apply to you again. You can still apply for the current wife but the wait will be long. There is no other choice for this scenario. You gots to wait there is nothing quicker way for you

Edited September 24, 2013 by florida4life

[NigeriaorBust 4,087]

Yes you have to prove again that your marriage was in good faith because too many people would marry a USC , divorce and then bring their real spouse over. The clause that prohibits you from using the I130 for 5 years is meant to stem this kind of marriage. Even if you get past the US side expect them to probe both your current and past relationship more than normal. You can see how it looks fishy when you only married a USC for a year, divorced as soon as you got your green card and discovered love less than a year after going through a divorce ( and only 2 years after leaving home )

[L0bster00 41]

Yes you have to prove again that your marriage was in good faith because too many people would marry a USC , divorce and then bring their real spouse over. The clause that prohibits you from using the I130 for 5 years is meant to stem this kind of marriage. Even if you get past the US side expect them to probe both your current and past relationship more than normal. You can see how it looks fishy when you only married a USC for a year, divorced as soon as you got your green card and discovered love less than a year after going through a divorce ( and only 2 years after leaving home )

Alright, by the way i came to usa in 2008. So it's been 6 years now. I guess i ll be able to prove it again. Thanx

[iamwhatiam80 92]

Alright, by the way i came to usa in 2008. So it's been 6 years now. I guess i ll be able to prove it again. Thanx

My story is similar to yours. I can suggest you 2 things:

1. Try for a non immigrant visa for her like student or work or tourist but do that before you apply for her immigrant visa.

2. Apply for her immigrant visa by resubmitting all the paperwork again. But you will be doing this at your own risk. You are not out of the woods yet. My lawyer did not advise me to do this.

I waited for the 5 year restriction to pass and then applied for her. I visited her every year though.

[JohnR! 5,495]

I am a permanent resident of USA. I received my Green card through my marriage to US Citizen. I divorced her before my 2 years of Green card expired and thus i filed I751-Waiver. My waiver was approved without Interview. Dates: Got married in Oct-2011, Received CPR- Feb 2012- Divorced her Oct 2012- Filed for I751 Waiver Feb -2013- Received my 10 Years GC Sep 2013. This Summer i married a girl outside USA and now i want to bring her in USA.

On I-130 form it says that You cannot file for your Spouse if you gained your residency through a prior marriage to US Citizen unless you establish that your Marriage to US citizen was not fraud. I believe i already did that when i filed my I751 Waiver. Do i need to re-send the entire Good Faith Waiver Documents again along with I 130 I am about to file for her ?

It will take me 3 more years from now to be a Citizen. I don't have a K-1 Visa option as i am a Permanent resident. I cannot just wait for next 3 years to just sit it out.

What Options i have ?

If you are already married, apply for your current wife and wait for the RFE if the USCIS should need any additional information. Presuming your first marriage was not fraudulent, you have nothing to worry about.

My story is similar to yours. I can suggest you 2 things:

1. Try for a non immigrant visa for her like student or work or tourist but do that before you apply for her immigrant visa.

2. Apply for her immigrant visa by resubmitting all the paperwork again. But you will be doing this at your own risk. You are not out of the woods yet. My lawyer did not advise me to do this.

I waited for the 5 year restriction to pass and then applied for her. I visited her every year though.

A tourist visa would be most likely denied, for the applicant has direct family in the US. For the same reason a student visa might be as well. There risk in applying for an immigrant visa is no bigger now than at any other time.

Edited September 24, 2013 by Gegel

[iamwhatiam80 92]

A tourist visa would be most likely denied, for the applicant has direct family in the US. For the same reason a student visa might be as well. There risk in applying for an immigrant visa is no bigger now than at any other time.

I agree with you but there is no harm in trying.

I also agree that OP has a high risk in applying for the immigrant visa as of NOW. Its going to raise red flags for sure.

[JohnR! 5,495]

I agree with you but there is no harm in trying.

I also agree that OP has a high risk in applying for the immigrant visa as of NOW. Its going to raise red flags for sure.

Red flags are only an issue when one is operating outside the law, otherwise, they are just nuisances.

[L0bster00 41]

Just had a detailed conversation with a lawyer. He advised me that i should go ahead and file I-130, with only required documentation. I.e Wedding pics, Certificate, Previous Divorce, GC copy and stuff, don't include any thing related to Good faith docs of previous marriage. We will wait and see if they require RFE. If not then i am good to go. He said they should have access to all of my previous I751 waiver docs and that should be more than enough for them to establish (Which i have already established) that my previous marriage was not fake.

If they RFE me, then we will see. He also told me that the outcome of I130 in a denial will not impact my status in USA as a Green card holder.

Comments ?

[iamwhatiam80 92]

Just had a detailed conversation with a lawyer. He advised me that i should go ahead and file I-130, with only required documentation. I.e Wedding pics, Certificate, Previous Divorce, GC copy and stuff, don't include any thing related to Good faith docs of previous marriage. We will wait and see if they require RFE. If not then i am good to go. He said they should have access to all of my previous I751 waiver docs and that should be more than enough for them to establish (Which i have already established) that my previous marriage was not fake.

If they RFE me, then we will see. He also told me that the outcome of I130 in a denial will not impact my status in USA as a Green card holder.

Comments ?

Its your call.

Best of luck.

[David & Diana R 1,005]

Good luck...

[L0bster00 41]

Go home comes to mind.

Wasn't expecting this from some one as elder as you are!

[Boiler 45,486]

You may note I was the only one who has answered the actual question.

[L0bster00 41]

as expected, visit visa got rejected .. collecting docs for I130 now !