Ex-Husband Married someone from his country

[geowrian 22,337]

24 minutes ago, Russ&Caro said:

That's an interesting standard. If a person doesn't successfully establish clear and convincing evidence that he/she didn't enter into a previous marriage for the purpose of evading a provision of the immigration laws, would that make he/she deportable since the reverse would be assumed to be true, i.e. immigration fraud? And once you fail at this, would it even be possible to gain another immigration benefit such as citizenship?

It's not an issue for another benefit, but it does put you under the microscope. There's 2 different standards applied: 1) showing that you qualify for a benefit (proving your case), and 2) showing that you violated immigration law (USCIS proving their case). The inability to beat the ""clear and convincing"" bar does not equate to fraud.

Many people who try to beat the 5 year limit - at least those who report their cases on VJ - are not successful, but don't have an issue after 5 years. I admit it's not a large data set by any means, but it's the best we have to go on.

Edited August 20, 2019 by geowrian

[Mollie09 1,543]

19 hours ago, NigeriaorBust said:

  Has he files for ROC?   That should be interesting with a divorce waiver and a new wife 

I got married while my divorce waiver ROC was pending 🤷‍♀️

[randomstairs 303]

5 hours ago, Going through said:

 

You're looking at the wrong part of the website.

 

It's on this section of the website, in the Policy Manual:   https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

 

 

(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.      

Oh okay. So that's only for those who became LPRs through marriage to a USC or LPR. That makes a lot of sense. Thanks! 

[geowrian 22,337]

43 minutes ago, randomstairs said:

Oh okay. So that's only for those who became LPRs through marriage to a USC or LPR. That makes a lot of sense. Thanks! 

Correct. It’s an anti-fraud measure for marriage-based green cards.

[Egyptjourney 2]

I thought he could only be here for 2yrs, if u didn't it petition for a 10 yr green card

[Mollie09 1,543]

16 minutes ago, Egyptjourney said:

I thought he could only be here for 2yrs, if u didn't it petition for a 10 yr green card

Immigrants who receive a conditional 2-year GC can petition on their own for the permanent 10-year card.

[Egyptjourney 2]

I did not know that, so whats the process? it would be hard for them to bring someone over to the US

[Mollie09 1,543]

Just now, Egyptjourney said:

I did not know that, so whats the process? it would be hard for them to bring someone over to the US

The process is the same, they apply for a I-751 and request a divorce waiver and provide evidence they entered the marriage in good faith.

But if they want to petition someone else they have to wait 5 years.

[Going through 5,671]

5 hours ago, randomstairs said:

Oh okay. So that's only for those who became LPRs through marriage to a USC or LPR. That makes a lot of sense. Thanks! 

Yep---

 

Sometimes a person will become a LPR through marriage, then all of a sudden divorce to quickly remarry and sponsor the "real" spouse waiting in the wings, so to speak.

Edited August 20, 2019 by Going through