Divorce requirements for US Citizens re-marrying

[NinaR 0]

Hello,

Newbie here… Greatly appreciate having been advised this site by a friend as I navigate options. 
If a U.S. born citizen is married and divorces (in the U.S.), is there a timeframe before they can then apply to sponsor a non-U.S. citizen via means of a K1 spousal visa application / or marry their non-U.S. citizen partner abroad?

I see lots of discussion regarding the 5 year rule should you wish to re-marry having obtained a green card via an initial marriage, but nothing pertaining to if a U.S. citizen has to wait after divorcing another U.S. citizen before they can re-marry with a non-U.S. citizen partner. 
Regards,

Nina.  

[JeanneAdil 6,489]

some states have a time limit from date of divorce to new marriage

no 5 year rule for re-marriage for USCIS 

[Me and her 279]

9 minutes ago, NinaR said:

Hello,

Newbie here… Greatly appreciate having been advised this site by a friend as I navigate options. 
If a U.S. born citizen is married and divorces (in the U.S.), is there a timeframe before they can then apply to sponsor a non-U.S. citizen via means of a K1 spousal visa application / or marry their non-U.S. citizen partner abroad?

I see lots of discussion regarding the 5 year rule should you wish to re-marry having obtained a green card via an initial marriage, but nothing pertaining to if a U.S. citizen has to wait after divorcing another U.S. citizen before they can re-marry with a non-U.S. citizen partner. 
Regards,

Nina.  

 

9 minutes ago, NinaR said:

Hello,

Newbie here… Greatly appreciate having been advised this site by a friend as I navigate options. 
If a U.S. born citizen is married and divorces (in the U.S.), is there a timeframe before they can then apply to sponsor a non-U.S. citizen via means of a K1 spousal visa application / or marry their non-U.S. citizen partner abroad?

I see lots of discussion regarding the 5 year rule should you wish to re-marry having obtained a green card via an initial marriage, but nothing pertaining to if a U.S. citizen has to wait after divorcing another U.S. citizen before they can re-marry with a non-U.S. citizen partner. 
Regards,

Nina.  

Check with state.  Sponsoring K1, you would provide evidence of relationship.  Were you married when proposal occurred?  Spousal visa is option, as well.  CR1 is taking a little longer, but less frustration and less cost.  I believe @Crazy Cat has given a great list of each visa.  

Edited August 31, 2023 by Me and her

[Ontarkie 14,217]

Many states have a cooling off period after divorce. If your state has one then that is your only timeframe. 

[Mike E 11,739]

2 hours ago, NinaR said:

I see lots of discussion regarding the 5 year rule should you wish to re-marry having obtained a green card via an initial marriage

Huh?

 

Never heard of this rule; please provide a link. 
 

If it exists, it was never applied to me.

 

[Redro 4,611]

9 hours ago, NinaR said:

Hello,

Newbie here… Greatly appreciate having been advised this site by a friend as I navigate options. 
If a U.S. born citizen is married and divorces (in the U.S.), is there a timeframe before they can then apply to sponsor a non-U.S. citizen via means of a K1 spousal visa application / or marry their non-U.S. citizen partner abroad?

I see lots of discussion regarding the 5 year rule should you wish to re-marry having obtained a green card via an initial marriage, but nothing pertaining to if a U.S. citizen has to wait after divorcing another U.S. citizen before they can re-marry with a non-U.S. citizen partner. 
Regards,

Nina.  

How did you obtain your US citizenship? Where are you divorcing? Which state do you live in? 
Check page 2 of I130 instructions for who may not use form I130. 
K1 is only for US citizens/ beneficiaries who are free to marry. 
 

Edited September 1, 2023 by Redro

[SalishSea 17,801]

11 hours ago, NinaR said:

Hello,

Newbie here… Greatly appreciate having been advised this site by a friend as I navigate options. 
If a U.S. born citizen is married and divorces (in the U.S.), is there a timeframe before they can then apply to sponsor a non-U.S. citizen via means of a K1 spousal visa application / or marry their non-U.S. citizen partner abroad?

I see lots of discussion regarding the 5 year rule should you wish to re-marry having obtained a green card via an initial marriage, but nothing pertaining to if a U.S. citizen has to wait after divorcing another U.S. citizen before they can re-marry with a non-U.S. citizen partner. 
Regards,

Nina.  

What consulate?

 

There are many variables.....  did you petition the ex-spouse for a visa?  If so, is the new one from the same country?  I think if you are US-born and your previous spouse was not petitioned, the length of time between divorce and K-1 petition/CR marriage + petition will not be scrutinized as much.  

 

 

[Demise 1,277]

19 hours ago, NinaR said:

Hello,

Newbie here… Greatly appreciate having been advised this site by a friend as I navigate options. 
If a U.S. born citizen is married and divorces (in the U.S.), is there a timeframe before they can then apply to sponsor a non-U.S. citizen via means of a K1 spousal visa application / or marry their non-U.S. citizen partner abroad?

I see lots of discussion regarding the 5 year rule should you wish to re-marry having obtained a green card via an initial marriage, but nothing pertaining to if a U.S. citizen has to wait after divorcing another U.S. citizen before they can re-marry with a non-U.S. citizen partner. 
Regards,

Nina.  

No, USCIS has no rule for that case, to the point that even a citizen who got their citizenship via marriage and divorced isn't subject to the 5 year rule.

 

17 hours ago, Mike E said:

Huh?

 

Never heard of this rule; please provide a link. 
 

If it exists, it was never applied to me.

 

INA 204(a)(2)(A), though that is only for LPRs who got their green card via marriage, there's a few ways to go around it:

1. Establish by clear and convincing evidence that that prior marriage was not entered with the purpose of evading immigration laws.

2. Prior spouse died.

3. Naturalize.

4. Wait out the 5 years.

Edited September 1, 2023 by Demise

[Vickys_Mom 225]

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204

 

I think you're referring to:

 

204.2 Petitions for relatives...

a. Petition for a spouse -

(1)  Eligibility.

(i) Marriage within five years of petitioner's obtaining lawful permanent resident status.

(A) A visa petition filed on behalf of an alien by a lawful permanent resident spouse...

 

Which doesn't apply in this case since you're talking about a U.S. citizen, not an LPR. 

 

I could see the concern if someone was an LPR, never naturalized, divorced their sponsoring spouse, and then wanted to get married again.  The argument could be made that the first marriage was a scam and they really wanted to be married to the second person but needed status first.

 

I echo what was above...make sure that the U.S. citizen is completely divorced (in my case it was a three-month wait from the time the judge signed my paperwork, but other states may be longer) before they apply.  They will be required to provide proof of their previous marriage(s) and divorce(s).

 

Regards,

Vicky's Mom

 

[TexasRafael 134]

22 hours ago, NinaR said:

Hello,

Newbie here… Greatly appreciate having been advised this site by a friend as I navigate options. 
If a U.S. born citizen is married and divorces (in the U.S.), is there a timeframe before they can then apply to sponsor a non-U.S. citizen via means of a K1 spousal visa application / or marry their non-U.S. citizen partner abroad?

I see lots of discussion regarding the 5 year rule should you wish to re-marry having obtained a green card via an initial marriage, but nothing pertaining to if a U.S. citizen has to wait after divorcing another U.S. citizen before they can re-marry with a non-U.S. citizen partner. 
Regards,

Nina.  

My divorce was final on June 6th 2017 and I filed for my K-1 Visa, July 1 2017 and was approved without issue.