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Hello i need some help., I got married to a US citizen (we both live in the US) and we filed to obtain the green card, the I-130 was approved a couple weeks ago that's all we have done so far., the problem here is that lately we been having a lot of problems and we cant just not get alone anymore so we file for divorce now my questions are can I remarry and apply again with my new wife, and if i can do that right away or do I have to wait, also we live in Nevada and divorce here only takes 24 hours... please help!

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*~*~*moved from "US citizenship discussion" to "effects of major changes" as OP is considering divorce*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Taiwan
Timeline

Have you asked this question before under another identity?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Yes, you can divorce. Once that is final, you can remarry and they can file a new petition.

That said, the timeline is very likely going to stick out as a red flag for marriage fraud. You can overcome that with enough evidence of a bona fide marriage.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Ireland
Timeline
4 hours ago, geowrian said:

Yes, you can divorce. Once that is final, you can remarry and they can file a new petition.

That said, the timeline is very likely going to stick out as a red flag for marriage fraud. You can overcome that with enough evidence of a bona fide marriage.

 

This.

You can, technically, re-marry the day your divorce becomes final and petition the new wife right away. However, it is a red flag to re-marry right away after a divorce, especially when there was not a lengthy separation first, and it is an even bigger red flag that both these spouses need immigration benefit. It doesn't mean you will be denied for sure, but it will make it harder to get approved.  Take your time, visit several times (or live together for a year or two if she is in the USA), then marry and petition and your chances will be higher.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: K-1 Visa Country: Wales
Timeline

On what visa did you enter the US?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
9 hours ago, Penguin_ie said:

 

This.

You can, technically, re-marry the day your divorce becomes final and petition the new wife right away. However, it is a red flag to re-marry right away after a divorce, especially when there was not a lengthy separation first, and it is an even bigger red flag that both these spouses need immigration benefit. It doesn't mean you will be denied for sure, but it will make it harder to get approved.  Take your time, visit several times (or live together for a year or two if she is in the USA), then marry and petition and your chances will be higher.

from my understanding it is HE who needs to have the benefit not the new wife, he is looking for someone to help keep him in USA.

 

and agreed this sounds like fraud to me

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