Green card holder applied for i-130petition Alien relative to bring the spouse

[Karim Dodobaev 0]

Is this Visa Bulletin time 22july16 for Tajikistan cuz I couldn’t find my country it says China....

[SusieQQQ 11,587]

30 minutes ago, Karim Dodobaev said:

Is this Visa Bulletin time 22july16 for Tajikistan cuz I couldn’t find my country it says China....

Tajikistan would fall under the heading “All Chargeability Areas Except Those Listed”....

[Ontarkie 14,471]

~~Non English post removed. It is English only in the main forums.~~

[Karim Dodobaev 0]

Hi guys i got Denied paper for my i-130 Petition for Alien Relative 

it says after having my green card i have to wait 5 years then get married is that true do anyone knows?

[NigeriaorBust 4,087]

  How did you get your green card ?  The only way that applied if you married a US person to get your card then divorced. 

[Karim Dodobaev 0]

Yes i was married with american girl for 3 years 

[SusieQQQ 11,587]

40 minutes ago, Karim Dodobaev said:

Yes i was married with american girl for 3 years 

Then it’s correct. It’s one of the procedures intended to pre-empt marriage fraud (people marrying to get a green card then divorcing US spouse and bringing over someone they always intended to marry anyway) This is basically also the offset to the fact that spouses of USCs get citizenship faster, in just 3 years (coincidentally the amount of time you were married, although you apparently didn’t naturalize?)

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

 

L)   Marriage within Five Years of Obtaining LPR Status  .   

 Section 204(a)(2)(A)  of the Act generally prohibits the approval of a visa petition filed by a lawful permanent resident for a spouse within 5 years of the date on which the petitioner became a LPR if that LPR obtained his or her residence status through a prior marriage. The LPR can overcome this prohibition if he or she establishes by clear and convincing evidence that the prior marriage was not entered into with the purpose of evading the immigration laws, or that the prior marriage ended through death.   8 CFR 204.2(a)(1)(i)  specifies the type of evidence which the petitioner must submit to meet the clear and convincing standard. If the petitioner falls within this restriction and has not submitted the requisite evidence, send him or her a letter explaining the deficiency and requesting additional evidence. If satisfactory evidence is not submitted within 60 days (or 120 days if the petitioner has requested and been granted additional time), deny the petition.  

 

Edited August 26, 2018 by SusieQQQ

[SusieQQQ 11,587]

By the way it’s not that you can’t get married for 5 years, but that you can’t apply for a spousal visa.

 

out of interest - can you give us some dates re: date of divorce from first marriage and date of second marriage?

 

[Karim Dodobaev 0]

Divorce date 08.20.2016

marriage date 09.18.2016 

1 month gap in between 

but with the previous wife we applied for divorce January 16 it took 7 months 

 

[SusieQQQ 11,587]

Ok so is it correct to assume that you divorced after removal of conditions on your green card but before you could naturalize on the 3-year rule?

 

I tend to think you will face some scrutiny on the applications when you are eventually able to petition your current spouse, given the dates you provided above. 

[geowrian 22,338]

Agreed.

An LPR that obtained their green card through marriage is generally prohibited from petitioning a new spouse for 5 years starting from when they got the first green card. This can be overcome, but it's a very, very uphill process as you have experienced now. This goes beyond the evidence needed to complete ROC.

The short timeframe between divorce and a new marriage, shortly after ROC, is likely to raise scrutiny when you are eligible to petition your spouse.

[little immigrant 801]

Once you're able to naturalize I would do so and then file for your wife again. 

[SusieQQQ 11,587]

6 minutes ago, little immigrant said:

Once you're able to naturalize I would do so and then file for your wife again. 

No doubt questions will come up at the naturalization interview too, of course, even if it happens before he refiles. Everything will be in his A-file. 

Edited August 27, 2018 by SusieQQQ

[little immigrant 801]

2 minutes ago, SusieQQQ said:

No doubt questions will come up at the naturalization interview too, of course, even if it happens before he refiles. Everything will be in his A-file. 

Of course. That's what happened to me and I answered all questions truthfully at my citizenship interview.