Does USCIS focus on previous marriage of naturalized citizen

[Golan_dst 1]

I come to US in Feb 2020 and my visa was expired in Jan 2021. I’ve met my girlfriend since April 2021 and she’s a naturalized citizen. She came to US by H1B visa and then got married to an US Citizen 8 years ago and her divorce was finalized in May 2021. I and my girlfriend both love each other and want to get married. My question is if her previous marriage and recently divorce is a hard case to apply green card for me throguh I-485 application? Does USCIS focus on previous marriage? Please share your experiences. Thank you in advance.

Edited November 18, 2021 by Golan_dst

[Dashinka 24,791]

USCIS will focus on the previous marriage only if there is not sufficient proof that the marriage ended legally.

 

Good Luck!

[Mike E 11,742]

29 minutes ago, Golan_dst said:

. My question is if her previous marriage and recently divorce is a hard case to apply green card for me throguh I-485 application?

not in my experience. 

Quote

 

Does USCIS focus on previous marriage? 

I came to the USA on an F-1 status.  Married a U.S. citizen. Green carded. Divorced. Naturalized.  Then brought my gf to the USA, married her, and she successfully adjusted status to a green card.  
 

Neither State nor USCIS was bothered.  However during my wife’s adjustment of status interview I was required to have an original of a certified copy of my divorce decree.  In the State where I resided, divorces are done online.  I was never mailed an original certified copy.  
 

I knew at some point in the process the  original certified copy would be needed, and so I flew to the county where the divorce took place and got three certified copies.  
 

The other critical document I had to produce was my original naturalization certificate.  Some naturalized citizens lose this document.  Some successfully petition family without producing their naturalization certificate.  This was not an option for me.  
 

I advise you to ask your  girlfriend to show you the originals of her naturalization certificate and her certified copy of divorce decree. If she cannot then my advice is not proceed with the green card process through her as it will  produce a lot of anxiety.  
 

If she can, then a nice Christmas gift would be a mini safe like 4 star and above hotels and cruse ships have in guest rooms, and then ask her to store these documents there.  

Edited November 18, 2021 by Mike E

[Timona 4,208]

Just curious what visa you had that expired a year later.

 

[Golan_dst 1]

2 minutes ago, Timona said:

Just curious what visa you had that expired a year later.

 

It’s a B1/B2 visa.

[Golan_dst 1]

34 minutes ago, Mike E said:

not in my experience. 

I came to the USA on an F-1 status.  Married a U.S. citizen. Green carded. Divorced. Naturalized.  Then brought my gf to the USA, married her, and she successfully adjusted status to a green card.  
 

Neither State nor USCIS was bothered.  However during my wife’s adjustment of status interview I was required to have an original of a certified copy of my divorce decree.  In the State where I resided, divorces are done online.  I was never mailed an original certified copy.  
 

I knew at some point in the process the  original certified copy would be needed, and so I flew to the county where the divorce took place and got three certified copies.  
 

The other critical document I had to produce was my original naturalization certificate.  Some naturalized citizens lose this document.  Some successfully petition family without producing their naturalization certificate.  This was not an option for me.  
 

I advise you to ask your  girlfriend to show you the originals of her naturalization certificate and her certified copy of divorce decree. If she cannot then my advice is not proceed with the green card process through her as it will  produce a lot of anxiety.  
 

If she can, then a nice Christmas gift would be a mini safe like 4 star and above hotels and cruse ships have in guest rooms, and then ask her to store these documents there.  

Thank you for your nice reply.

[Verrou 1,962]

with tourist visa usually u can only stay in US max 6 months ( or less ) and not depend on the visa expiring date

[Golan_dst 1]

4 minutes ago, Misscloud said:

with tourist visa usually u can only stay in US max 6 months ( or less ) and not depend on the visa expiring date

My I-94 was expired too. (After entry 6 months).

[Golan_dst 1]

2 hours ago, Dashinka said:

USCIS will focus on the previous marriage only if there is not sufficient proof that the marriage ended legally.

 

Good Luck!

Thank you so much!

[JeanneAdil 6,647]

immigration is not marriage police

i would worry more that u are here illegally

 

if u marry and send in the paperwork to AOS ,  you'll get a reciept and need to carry that to confirm if stopped by ICE

Immigration forgives a lot 

but if stopped now,  you'd go into proceedings to deport 

[Golan_dst 1]

3 hours ago, JeanneAdil said:

immigration is not marriage police

i would worry more that u are here illegally

 

if u marry and send in the paperwork to AOS ,  you'll get a reciept and need to carry that to confirm if stopped by ICE

Immigration forgives a lot 

but if stopped now,  you'd go into proceedings to deport 

Even if she’s naturalized through marriage?

[EM_Vandaveer 2,417]

1 hour ago, Golan_dst said:

Even if she’s naturalized through marriage?

Even so. USCIS realizes that a big percentage of marriages end in divorce.

 

A possible scenario for immigration fraud looks like this:

1) foreign citizen couple legally divorces/breaks up for show in their home country (depending on if they were legally married or just lived together)

2) one of the "former couple" meets a USC, gets visa, goes to the US (meanwhile communicating throughout with their "ex", who is in reality still their partner)

3) foreigner acquires GC in US via USC spouse

4) foreigner divorces

5) foreigner removes conditions on GC with divorce waiver

6) foreigner files for their "ex" who in reality was their partner all along

7) partner receives GC

 

This is obviously NOT what is going on in your case so I would not overly worry!

[Golan_dst 1]

48 minutes ago, EM_Vandaveer said:

Even so. USCIS realizes that a big percentage of marriages end in divorce.

 

A possible scenario for immigration fraud looks like this:

1) foreign citizen couple legally divorces/breaks up for show in their home country (depending on if they were legally married or just lived together)

2) one of the "former couple" meets a USC, gets visa, goes to the US (meanwhile communicating throughout with their "ex", who is in reality still their partner)

3) foreigner acquires GC in US via USC spouse

4) foreigner divorces

5) foreigner removes conditions on GC with divorce waiver

6) foreigner files for their "ex" who in reality was their partner all along

7) partner receives GC

 

This is obviously NOT what is going on in your case so I would not overly worry!

Thank you so much!

[JeanneAdil 6,647]

18 hours ago, Golan_dst said:

Even if she’s naturalized through marriage?

doesn't matter 

she has all the rights as a USC

at this point u don't

[powerpuff 6,748]

~ Moved from AOS from work/student/tourist case filing to Process ~