Brinning husband USA.

[Reshma 2]

Hi guys, i have one question. If you have 10 year green card and if you get married to someone outside US. Is it possible that you can bring them US with you if you live certain month with that guy and his country. Or another wzy to bring them with you.

[Lemonslice 4,843]

Maybe. How did you get your green card? 

[JFH 12,190]

*~*~*moved from "off topic" to "bringing family members of LPRs"*~*~*

[SusieQQQ 11,586]

You marry them, then file an I130. It is F2A category for spouse of a green card holder, and that takes about 2 years before they can join you.

However, if you got your green card through marriage less than 5 years before you file, the petition will be denied,hence the question above about how and when you got your green card.

Edited January 10, 2019 by SusieQQQ

[WeGuyGal 1,052]

Sounds like OP is in ROC process in another thread. Already thinking of the next marriage? 

[SusieQQQ 11,586]

4 minutes ago, WeGuyGal said:

Sounds like OP is in ROC process in another thread. Already thinking of the next marriage? 

Well in that case she doesn’t meet the 5-year requirement. One might even speculate that it’s one of those cases why the 5-year requirement exists.

[aaron2020 11,651]

13 hours ago, Reshma said:

Hi guys, i have one question. If you have 10 year green card and if you get married to someone outside US. Is it possible that you can bring them US with you if you live certain month with that guy and his country. Or another wzy to bring them with you.

You would need to file for a waiver since you married a US resident and got a green card that way.  You will need to show the first marriage was bona fide.

Living with him in his country will help with the bona fide for the 2nd marriage.  However, the US Embassy will look at your entire history and your history with this guy.  

How did you meet your current guy?  Did you know him before immigrating to the US?

[payxibka 10,045]

1 hour ago, aaron2020 said:

You would need to file for a waiver since you married a US resident and got a green card that way.  You will need to show the first marriage was bona fide.

Living with him in his country will help with the bona fide for the 2nd marriage.  However, the US Embassy will look at your entire history and your history with this guy.  

How did you meet your current guy?  Did you know him before immigrating to the US?

She already has a  10 year card, what kind of waiver?

[WeGuyGal 1,052]

4 minutes ago, payxibka said:

She already has a  10 year card, what kind of waiver?

no she doesn't

[payxibka 10,045]

3 minutes ago, WeGuyGal said:

no she doesn't

My bad.  I now see the "if"

[aaron2020 11,651]

12 minutes ago, payxibka said:

She already has a  10 year card, what kind of waiver?

My apology for using the term waiver.  I shouldn't have typed that.

She's in the middle of ROC.  She hasn't been an LPR for 5 years.  She gained her green card through marriage.  She will need to provide "clear and convincing evidence" that the first marriage was not a way to evade US immigration laws.  

Edited January 10, 2019 by aaron2020

[payxibka 10,045]

Just now, aaron2020 said:

My apology for using the term waiver.  I shouldn't have typed that.

She's in the middle of ROC.  She hasn't been an LPR for 5 years.  She gained her green card through marriage.  She will need to provide "clear and convincing evidence" that the first marriage was a way to evade US immigration laws.  

I misread as well.  Agreed it will likely be subject to a higher level of scrutiny 

[EM_Vandaveer 2,408]

"Clear and convincing evidence" is a very high bar. Sounds like waiting until she's been a LPR for 5 years before petitioning for the new spouse is the safe way to go.

[Russ&Caro 1,549]

Maybe she's asking for a friend.

[Mollie09 1,543]

1 hour ago, Russ&Caro said:

Maybe she's asking for a friend.

Aren't we all?