Can I re-marry and petition for green card 11 months after divorce? I got my citizenship 2 years ago through ex-wife who is a US citizen.

[Emmkin 2]

I was married for 5 years and got my citizenship through my ex-wife. Everything was perfect in our marriage until sometimes in late 2015 (2.5 years after we got married) when I discovered that my wife had fibroid which she has been keeping from me, this explains why we never had a child together - apparently, I was fooled since we talked about all our health conditions during courtship and that single one was never mentioned to me. We have always had issues with finances, lies and many others that I’d always let go but this one really got to me.

Anyways, I got to know about the fibroid when we had to go to the ER because she complained of stomach pain. The fibroid was operated on and everything was fine between the both of us after her step mom counselled the both of us and appealed to me. So, we decided to try again to see if we can have kids but my ex said she doesn't want kids any longer - I received the shock of my life that day. Our pastor in church and close relatives including family members had to wade in but she didn't change her mind.

To be honest, our relationship started going south right from then. I wasn't happy I was deceived and that my ex would now change to tell me she doesn't want kids again. We got into a big argument and she moved out of the house to go live with her step mom for 2 months (the step mom lives 4hrs from where we lived). During this period, I met my new soon to be wife at one of the functions I attended in town. She was a graduate student in one of the universities in New Jersey and was new in town for her internship with one of the local companies here in California. We clicked so well because we speak the same language and from the same country. I offered to show her around and we soon became very good friends.

 

To cut the long story short, I had an extra-marital affair (I am not proud of this) with my new friend (now soon to be wife). My ex moved back home because her step mom wasn’t going to let her stay with her any longer. And I confessed to my ex-wife about what I did while she was away. I begged her and promised not to repeat such again. I was forgiven and we moved on. Two months later, my soon to be wife told me she was pregnant. I was somehow shocked, happy and at the same time sad. I was happy because I can finally become a father.  I was sad because I cheated on my ex-wife. I had to tell her about the pregnancy and for some reason she was fine with it after much pleadings. Problem started few months after when the baby was born. She wasn’t happy that I was at the hospital when my soon to be wife delivered the baby. She wasn’t also happy that I get to go see my son often. We got into a big fight because of this and many other things. We decided to divorce since it wasn’t working out again. To be honest, we both were tired. My divorce was final sometimes in 2017 (exactly 14 months after I became a citizen).

Frankly, I’d promised myself not to get married again and just have kids. But it’s been 11 months since my divorce and I am now so close to my baby’s mama that I am now considering getting married again. Ever since we got close, I have become a very happy man once again and the child that we had together has even brought us even closer. She is contemplating going for a PhD to stay in status but I have made up my mind to get married to her and file a green card for her (since she was here on a F-1 and now on OPT) so she can stay here with me and start a beautiful family together.  

Will it be an issue with USCIS that I became a citizen through marriage and now filing for my soon to be wife a year after divorce and roughly 2 years after I got my citizenship? I have every proof to show that my initial marriage was in good faith and documents to show my situation. I will appreciate sincere advice.

 

Thanks.

 

N:B - This is just a summary of little of all that happened when I was married. I could write a book if given a chance. 

[azblk 338]

You are a US citizen and you can petition for your now soon to be wife. Your case may receive extra scrutiny but will be fine.  A very similar story happened to a close relative of mine but there was no immigration involved.

[Emmkin 2]

Thanks for your kind response. I actually don’t mind the scrutiny since I know I have nothing to hide. I just want to be sure it won’t be outright denial or unnecessary scrutiny. Do you mind sharing the story of your close relative. It’s okay if you can’t. I just want to learn. 

 

Thanks  again. 

[azblk 338]

Similar thing happened. Ex wife hid the fact that she could not have children from him. They were married 10 years and kept trying to have children, went to fertility clinics, traditional and alternative medicine. They tried praying for miracles - basically went the whole nine yards. All this time she was aware of her situation - that she could not have a child or children because when she was younger she had a medical situation (Cancer) that had them remove her tubes to save her life.  Well at some point she came clean and told him she was aware all along that she could not have a child because of what happened to her in her teens. At this point there was a separation  and he cheated on her during that time. They made up but the mistress was pregnant by this point.  Same as you she forgave him but could not get over the fact that he had a child with another woman and eventually their marriage failed.

 

 

[Emmkin 2]

Wow!! 10 years of marriage? We truly have a similar case. I really wish couples keep it 100% with each other. I felt like I wasted 5 years of my life on what is not. Well, when there is life, there is hope. Thanks for sharing

Edited January 27, 2018 by Emmkin

[Emmkin 2]

Does anyone else have any suggestions or have been or know someone who have been in similar situation as me. I just wanted to hear or other people's opinions. Thanks

[Emmkin 2]

Does anyone else have any suggestions or have been or know someone who have been in similar situation as me. I just wanted to hear or other people's opinions. Thanks

[Nitas_man 3,100]

Your case is entitled to the same consideration that any other USC would get. 

Your (intended) spouse will get the same scrutiny that any adjusting spouse of a USC will get. 

 

The rest of this story won't matter.  Your previous marriage was legal, your citizenship was gained legally, and how it ended is not an issue with your future decisions.

 

 

[Emmkin 2]

Thanks for your input.

[controlla 104]

On 4/20/2018 at 8:36 PM, Emmkin said:

Does anyone else have any suggestions or have been or know someone who have been in similar situation as me. I just wanted to hear or other people's opinions. Thanks

You have nothing to worry about. Just make sure that you both answer all questions in the AOS forms honestly and accurately. Same thing when you get to the interviewing stage -- answer honestly and don't volunteer extra information that you were never asked. Extra scrutiny but you'll be fine.

[Emmkin 2]

23 hours ago, controlla said:

You have nothing to worry about. Just make sure that you both answer all questions in the AOS forms honestly and accurately. Same thing when you get to the interviewing stage -- answer honestly and don't volunteer extra information that you were never asked. Extra scrutiny but you'll be fine.

Thanks so much

[NigeriaorBust 4,087]

  There is a limit of 5 years against someone that got their green card through marriage to a USC.   It appears under the instructions for the I130 as  "who may not use this form"   It would be from the date on your green card.   It seems you may have passed that mark and should be fine. 

[azblk 338]

1 hour ago, NigeriaorBust said:

  There is a limit of 5 years against someone that got their green card through marriage to a USC.   It appears under the instructions for the I130 as  "who may not use this form"   It would be from the date on your green card.   It seems you may have passed that mark and should be fine. 

Only if you are still a green card holder and even then as long as you can show you the marriage through which you received your was bonafide then you should not have a problem. If you are now a USC it doesn't matter.

[Emmkin 2]

2 hours ago, NigeriaorBust said:

  There is a limit of 5 years against someone that got their green card through marriage to a USC.   It appears under the instructions for the I130 as  "who may not use this form"   It would be from the date on your green card.   It seems you may have passed that mark and should be fine. 

I am passed the 5 year limit already and now even a citizen based on the 3 year rule. Thanks for your comment

[Emmkin 2]

23 minutes ago, azblk said:

Only if you are still a green card holder and even then as long as you can show you the marriage through which you received your was bonafide then you should not have a problem. If you are now a USC it doesn't matter.

My first marriage was bonafide. I was just scared USCIS may start thinking what is not. I have read horrible stories here.