Remarry while ROC with waiver (split and merged)

[mark5603 0]

Hay Guys, i have same problem, i got my conditional green card in oct2016, i got divorce in January 2018, i have a strong evidence for divorce. i applied renewal with waiver in Aug2018, i am still waiting for answer, when i went to India, lat year,  i like, one of the girl and we now love each other, i am planning to get marry with her this sept2019, can i  do that, while is pending ??? Thanks in advance 

[Ontarkie 14,487]

~~Post split off an 11 yr old zombie thread. Please do not post your questions in other members threads. It is always best to start your own thread.~~

[Going through 5,671]

14 hours ago, mark5603 said:

Hay Guys, i have same problem, i got my conditional green card in oct2016, i got divorce in January 2018, i have a strong evidence for divorce. i applied renewal with waiver in Aug2018, i am still waiting for answer, when i went to India, lat year,  i like, one of the girl and we now love each other, i am planning to get marry with her this sept2019, can i  do that, while is pending ??? Thanks in advance 

You can marry whomever you wish.

Whether it will cause more scrutiny to your ROC is going to largely depend on the timeline of events.

 

Divorcing a few months after receiving your GC is one thing----meeting and marrying the 2nd girl while the ROC is pending might have the IO presuming that the relationships overlapped, and you may or may not  have some problems proving the 1st marriage was entered into with bonafide intent and not just for immigration benefits to later on bring your second wife to the US (in other words, IO may wonder if the 2nd girl was "in the mix" while you were still married to the 1st one).

[SusieQQQ 11,587]

17 hours ago, mark5603 said:

Hay Guys, i have same problem, i got my conditional green card in oct2016, i got divorce in January 2018, i have a strong evidence for divorce. i applied renewal with waiver in Aug2018, i am still waiting for answer, when i went to India, lat year,  i like, one of the girl and we now love each other, i am planning to get marry with her this sept2019, can i  do that, while is pending ??? Thanks in advance 

Apart from what @Going through said above (all valid)-

If you got your green card through marriage you need to wait 5 years of being a LPR before you can sponsor someone else for a green card. You can certainly marry her after your divorce is final, but either you need to move back to India to be with her or she will have to wait another couple of years before you can file for her, and then obviously another year or two after that (depending if you are usc or still LPR then) before she can join you. Sounds better you move back so you can be together.

Edited April 28, 2019 by SusieQQQ

[little immigrant 801]

18 hours ago, mark5603 said:

i have a strong evidence for divorce. 

You need strong evidence of a bonifide marriage. 

[mark5603 0]

6 hours ago, SusieQQQ said:

with w

my divorce has been done in januray 2018

[mark5603 0]

my divorce has been done in januray 2018

[mark5603 0]

Hay Guys, i have same problem, i got my conditional green card in oct2016, i got divorced in January 2018, I applied renewal with waiver in Aug2018, i am still waiting for answer, when i went to India, last year,I like, one of the girl and we now love each other, i am planning to get marry with her this sept2019, can i do that, while is pending ???And after i got my 10 years green card, can i sponcer for green card ? Thanks in advance 

[SusieQQQ 11,587]

25 minutes ago, mark5603 said:

my divorce has been done in januray 2018

So you are free to marry anytime you want. That’s irrelevant to when you can sponsor, though. Assuming your ROC is approved and you retain your green card - you can only apply for a green card for your new spouse in October 2021, 5 years after you got your green card. I assume you would apply for naturalization at the same time (which can take a year in itself depending where you are). If you apply as a LPR, your spouse can arrive 2-2.5 years after that, so you are looking say Oct 2023-Mar 2024 or thereabouts. If your naturalization comes through and you can upgrade the petition, then you could maybe bring her over around October 2022. I can’t see a shorter timeline than that. Is she prepared to spend 3-4.5 years in India after your marriage waiting alone for an immigrant visa? Or do you plan to move back to India, in which case you don’t need to worry about any of this?

[SusieQQQ 11,587]

Duplicate thread

the answer doesn’t change ...

[mark5603 0]

can u please send me link from USCIS, says U can sponsor after 5 years, i thought , i can sponsor after i got my 10 years green card. why i have to wait 5 years ??

[Going through 5,671]

10 minutes ago, mark5603 said:

can u please send me link from USCIS, says U can sponsor after 5 years, i thought , i can sponsor after i got my 10 years green card. 

 

(M)     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.      

 

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

Edited April 28, 2019 by Going through

[Going through 5,671]

Answers in your other thread here:

 

 I will ask the mods to merge this thread with your existing one from the already split thread.

[Ben&Zian 4,398]

How do people fall in in and out of "love" with someone so fast... seems to happen a little too often, especially when comes time for them to then want to migrate their new love from another country...........

[geowrian 22,338]

Exactly as stated and quoted above.

 

Your ROC will be adjudicated based on the merits of your case. Marrying somebody else now or later won't make or break a case.

 

You can marry anytime.

You cannot petition for another spouse until the 5 year anniversary of your first green card. This is a mechanism written into the INA to help prevent fraud.

Technically this restriction can be overcome, but it's very, very, difficult and I do not suggest even trying the path in the vast majority of circumstances. Don't confuse the exception with the relative ease of ROC.