Bringing wife after Divorce

[gim00_us 0]

hello,

I am recently divorced and got married about a month ago. What is the best way to bring wife (who is in west africa) to the USA?

Can she apply for a regular visa, if the intend is to stay just 3 months? What can i do? Is it tougher to get a regular visa for her?

Thanks

[Andreavespa 3]

But did you divorce and get married again OR got married and divorced within a month?

[NigeriaorBust 4,087]

If you got your green card through marriage to a USC you can not file an I 130 for 5 years after unless you get a waiver. Se the "who may not use this form " section of the I130 instructions.

[gim00_us 0]

I got divorced and married someone else

[Phillip Kazuto 28]

I got divorced and married someone else

You can't petition her ( new spouse ) and you will have to wait 5 years to file the petition for her , see here http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf ( read at the WHO MAY NOT FILE part )

In 5 years time , in my opinion it's best if you can naturalized as a US Citizen then the petition for your new wife will not subject to visa quota as opposed to spouse of Permanent resident ( green card holder )

Edited September 19, 2014 by Phillip Wu

[Ian H. 207]

The OP has made no indication that he obtained his GC through a prior marriage or that he is an LPR for that matter. Also it is incorrect to say that he has to wait until he is a USC to petition for a spouse in the event that he is an LPR.

OP: Can you please clarify what your situation is and fill in your timeline? Are you an LPR and if so, did you get your GC through a spouse?

Edited September 22, 2014 by Ian H.

[Phillip Kazuto 28]

The OP has made no indication that he obtained his GC through a prior marriage or that he is an LPR for that matter. Also it is incorrect to say that he has to wait until he is a USC to petition for a spouse in the event that he is an LPR.

OP: Can you please clarify what your situation is and fill in your timeline? Are you an LPR and if so, did you get your GC through a spouse?

i actually thought that OP got his green card through married and got divorced ( even he did not provide any info about that matter ), if that's the case then he will truly need to wait 5 years according to I-130 instruction form to file petition for his wife. In this scenario , he will need to wait 5 years time just to petition and in 5 years time he will be able to naturalize as USC which is a great option.

I did not say that he will need to be USC in order to get his wife petition or wait till he becomes USC but in 5 years time he will eventually be able to do that

Edited September 22, 2014 by Phillip Wu

[Ian H. 207]

I understand what you mean. However, even though there is a 5 year waiting period if he obtained LPR through marriage he would still be able to petition his wife if he can prove by clear and convincing evidence that his prior marriage wasn't for immigration purposes. Of course, I'm not sure what they consider "clear and convincing." In any case let's see if the OP replies to his thread, that way we can give him some definitive answers.

[NigeriaorBust 4,087]

the OP posted in a thread headed "Bring family members of permanent residents " and is asking about a spouse. So we know he is an LPR, We also know he was previously married. We also know USCIS looks for people that marry for a green card then quickly divorce and try to bring their real love interest over. They do not like that kind of fraud. So the only question is did the OP get his card through marriage