file for my spouse while I have greencard trough marriage

[amirdeadline 1]

Hi everyone,

I came to US with K1 visa and got my green card , then after couple years I divorced but still successfully removed the condition from my greencard. now after 3 years I want to marry a none US citizen and apply CR-1 for her. does the fact that I have my greencard trough marriage  going to be a problem? I need some guidance to make sure there is no issue with my case. 

[designguy 1,179]

no. but unless you are a US citizen you arent eligible for a CR1 it will an F2A. These visas are numerically limited per year, but the FA date is current

[geowrian 22,337]

There is a 5 year ban between obtaining a green card via marriage and being able to petition another spouse (except in case of death of the first spouse).

 

Technically this can be overcome with an extremely strong case, but I would not suggest that route. Wait the 5 years.

 

Edit: And yes, it would be a F2A category, not CR-1 visa.

Edited May 6, 2020 by geowrian

[Ontarkie 14,221]

~~Moved to Bringing Family of Permanent Residents, from IR1/CR1 P&P - the OP is not a USC and will follow this path.~~

[SusieQQQ 11,586]

As above - as you are not a citizen yet - you are free to marry, but should wait five years after you got your green card (not after date of arrival on K1) before applying to sponsor your spouse.  
 

—-

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.    

 

[Boiler 45,487]

Is your fiancee also Iranian?

 

When did you meet, is this somebody you knew before moving to the US.

 

When did you last meet?

[Sparkle Sparkle 914]

42 minutes ago, Boiler said:

Is your fiancee also Iranian?

 

When did you meet, is this somebody you knew before moving to the US.

 

When did you last meet?

Valid questions

[SusieQQQ 11,586]

25 minutes ago, Sparkle Sparkle said:

Valid questions

Which will probably be asked by USCIS at the appropriate interview too, I imagine.

[amirdeadline 1]

ok she is Iranian, I get to know her through friends six month ago (after divorce and removing the condition from my GC). 

 

so my question is when this 5 year ban starts, the date I recieved my 2 year green card which means the issue date on my greencard right now or the date that I remove the condition? 

and my other question is , I just sent my citizenship documents (N400) to USCIS yesterday,  does this ban apply to citizens?

[geowrian 22,337]

4 minutes ago, amirdeadline said:

so my question is when this 5 year ban starts, the date I recieved my 2 year green card which means the issue date on my greencard right now or the date that I remove the condition? 

and my other question is , I just sent my citizenship documents (N400) to USCIS yesterday,  does this ban apply to citizens?

It starts from the Date Issued (Edit: Resident Since) on the green card (assuming the card is correct as to when the I-485 was approved).

On what basis can you obtain citizenship prior to 5 years (was it via an abuse waiver on the I-751?).

Edited May 6, 2020 by geowrian

[HRQX 4,145]

3 minutes ago, amirdeadline said:

so my question is when this 5 year ban starts

The "Resident Since" date on your card.

Edited May 6, 2020 by HRQX

[amirdeadline 1]

that's a long story. 

so I approved i-485 on Jun 15 2016 but when I received the 2 year GC the issue date was Agust 8 2015(the date I approved for K1 visa) and expiration date was 8/8/2017. so I knew the date should be wrong so I sent i-90 form with my 2 year GC to USCIS for miss print on my greencard (issue date). 10 month later I received reply for i-90 and the letter basically said the date 8/8/2015 is correct in USCIS system. 

also before I received that i-90 reply, I divorced.  

 

later on 5/8/2017 I filed for removing the condition and I approved after 10 month. 

 

so according to my GC and evidence i have in hand that I told USCIS that the date is wrong but they confirm that 8/8/2015 is correct, then I am eligible to apply for n-400 on 8/8/2020. I filled all the forms and sent them yesterday so they can receive it by 5/8/2020. 

 

 

 

 

[SusieQQQ 11,586]

Hm. When did you actually enter the US, if you were only approved for K1 on 8/8/2015? (What did you list as start date of residence in the US on your N400?)
 

I don’t know how this hasn’t been a problem yet. I’d be surprised tbh if you get it past a citizenship interview. I don’t know anything about ROC, do they also check your passport for date of entry and visa type for that? 

[amirdeadline 1]

i entered US on 17 FEB 2016. I talked to USCIS agent he was like since you have that i-90 reply indicating that you filed to correct the issue and USCIS replied that the date is correct then you should be ok for citizenship.

[Boiler 45,487]

Sounds like you have a few years before you can naturalise, and when you say met, did you physically meet?