Divorced LPR petitioning for new spouse

[Frage 67]

I am on a 10 year green card via CR1/IR1 and we got divorced. I found a new man in my life and we want to get married.

Here's the problem. He is not a US citizen. And he overstayed his tourist visa. What steps do we need to take to make him legal? He's not leaving the country so I thought marrying him and filing I-130. I know it's not ideal but can we fix his status?

By the way I'm not marrying for the visa.

[aaron2020 11,651]

Hi,

As an LPR, you can not fix his status. His AOS would be denied and he would be deported. Visa overstays are not forgiven for the spouses of LPRs.

Once you become a U.S. citizen, his visa overstay would not be a bar to getting him a green card.

[Hypnos 6,576]

He cannot adjust status through you until you become a US citizen.

If you get married then you can file an I-130 for him under the F2A preference (spouse of an LPR) and this would take approximately two years for the priority date to become current. You can upgrade your F2A petition to an immediate relative petition after you naturalise.

If the priority date becomes current and you are still not a US citizen, he would need to interview in his home country for an immigrant visa. Depending on how long his overstay is, he may be found inadmissible to the US, and at that point would need to file an I-601 waiver, which may or may not be granted.

The easiest way is for you to become a US citizen, and then he can adjust status.

Edited May 27, 2015 by Hypnos

[Frage 67]

I knew there were going to be issues.

If we get married and I want to file I-130 once I'm naturalized would that work better? He would stay in the overstay status until then. Will there be a chance we still get denied? Is it best if I get a lawyer?

Edited May 27, 2015 by Frage

[apple21 953]

When are you due to naturalize? And when did you marry your petitioner ex-spouse?

Edited May 28, 2015 by apple21

[Frage 67]

I'm applying for citizenship October 2016. I married my ex in 2010, entered the States in October 2011.

Can we get married before I naturalize? Will this be a problem for my own status?

[petareño 15]

U need to file for citizenship...u can't do it as LPR...cuz he is out of status...

[Frage 67]

So I even need to wait with marriage or won't this be a problem?

[Hypnos 6,576]

You can get married whenever you want.

You can file an I-130 at any point after you get married. The only way he can adjust status though is after you become a US citizen.

[Frage 67]

Awesome thanks! Helpful as always

[zuluweta 250]

I've read about some people here on VJ who obtained their green cards through marriage to a US citizen, subsequently divorced the US citizen, and then tried to sponsor an alien. They ran into issues with USCIS. You will need to prove your marriage to the US citizen was bonafide as well as your new relationship.

[Frage 67]

I already proofed this to them when I obtained my 10 year GC. You think I have to do it again? Even when I become a citizen myself?

[Boiler 45,467]

Ohh yes

[Hypnos 6,576]

It might come up, but if it was a bona fide marriage then you shouldn't have a problem.

[aaron2020 11,651]

Do not file the I-130 when you are an LPR who can not adjust your husband. Why would you want to put him in the crosshairs when you can't get him legal status? You realize you have to tell them that he is in the U.S. without legal status on the I-130, and you can't get him legal status. What do you think will happen? They would just leave him alone until you get citizenship?

Get your US citizenship first, then file to notify immigration that he is here without status.