Divorced can file

[Rupesh M 0]

Hey guys help me thnx in advance. 

I got marry to gc holder in 2012

after that i come over there in 2014 

and i can’t settle with her and she abuse me. 

So i want divorced she don’t want to give me divorced 

after that somehow i got divorced with her 

In 2016 

and i marry again in 2017 

and i file for my new wife in 2017 

can i file for her ? 

And another question 

when i come usa before my second anniversary ,only 5-7 days before i reached usa 

and the government give me 10 years of gc 

after that i lost my gc 

so I requested them and they take 1 year to give me new gc and the surprise is 11 years of gc 

so now I complete 5 years so can i file for citizenship? Any problem occurred on my wife filing? 

[Michael2017 368]

1. As you have been petitioned by a spousal visa, there will be a believe  at USCIS / Consulate, that you just used your first wife to get over, and than petitioned

the second "real" wife thereafter. You have an uphill battle to fight. I think there is even a waiting time in this case, others may elaborate on that.

 

2. If you was not 2 years married at the time of your entry, it seems, your unconditional green card was given in error. 

This might pop up during the citizenship interview as you should have got only 2 years conditional under 2 years of marriage. 

 

 

[Going through 5,671]

If you apply under the 5-year rule (if applicable to do so, not sure if you are from what you've stated), your marital status is somewhat irrelevant for the N400.

 

That being said, your entire immigration history will be looked at as a last-ditch effort to ensure your initial green card was properly approved.

 

Receiving the green card from your first wife, divorcing, marrying the second wife and filing the petition for her all within roughly 3 years' time will probably make the immigration officer curious, at the least.

[SusieQQQ 11,586]

Poster married LPR, therefore no 2-year conditional GC applicable, and 5-year rule is only option anyway. Agree this history/timeline will look suspicious. 

Edited November 19, 2018 by SusieQQQ

[Mollie09 1,543]

2 hours ago, SusieQQQ said:

Poster married LPR, therefore no 2-year conditional GC applicable, and 5-year rule is only option anyway. Agree this history/timeline will look suspicious. 

He came over before they were married for 2 years, so conditional GC is applicable regardless of whether the spouse was a USC or LPR.

 

OP, you were given a 10-year GC in error, you should get that corrected before anything else, especially applying for citizenship. It won't cost you anything because it was USCIS's mistake.

Filing for your new wife will be an uphill battle, it looks like textbook immigration fraud.

[Rupesh M 0]

4 hours ago, Rupesh M said:

 

 

[Boiler 45,553]

Expect a lot of scrutiny, time to Lawyer up.

[SusieQQQ 11,586]

1 hour ago, Mollie09 said:

He came over before they were married for 2 years, so conditional GC is applicable regardless of whether the spouse was a USC or LPR.

 

 

On F2A, really? Never heard of this, probably because it’s usually more than 2 years to get current. Can you point to the ina statute on this?

Edited November 19, 2018 by SusieQQQ

[Mollie09 1,543]

16 minutes ago, SusieQQQ said:

On F2A, really? Never heard of this, probably because it’s usually more than 2 years to get current. Can you point to the ina statute on this?

No, because there is no INA statute that differentiates people who receive conditional green cards based on marriage to a USC vs. an LPR.

[SusieQQQ 11,586]

3 minutes ago, Mollie09 said:

No, because there is no INA statute that differentiates people who receive conditional green cards based on marriage to a USC vs. an LPR.

Well, can you point to the one about conditional GCs?

 

i mean, you get a CR and an IR visa. There is no such distinction for F2 visas.

Edited November 19, 2018 by SusieQQQ

[SusieQQQ 11,586]

Found it - yes you are correct that it applies, incorrect only when you say it’s not specified

 

1) The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)-　 

(A) as an immediate relative (described in section  201(b)) as the spouse of a citizen of the United States, 

(B) under section  214(d) as the fiancee or fiancé of a citizen of the United States, or (C) under section  203(a)(2) as the spouse of an alien lawfully admitted for permanent residence, by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 203(d). 

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-4223.html

 

Do you happen to know if the same restrictions on filing for a new spouse within 5 years applies to LPRs as well? ... though clearly OP’s first problem is that he didn’t remove conditions.

Edited November 19, 2018 by SusieQQQ

[SusieQQQ 11,586]

Just to confirm that the 5-year rule/bar for new marriages applies here too. OP got his marriage-based green card in 2014, therefore is prevented from filing for a new spouse before 2019. This petition is dead in the water even if the problem with the 2- vs 10-year card is somehow overlooked.