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Posted (edited)

Hi everyone,

 

I have a 10 year green card that I got in 2023, from being married to my ex spouse (we were married for 5 years). We finalized the divorce this April and I started dating someone long distance from the same country I immigrated from (Canada) a few months later.

 

I was wondering, would there be a problem when I apply for citizenship based on physical presence if I were to hypothetically marry this person from the same country before I apply?

 

Thanks!

Edited by jgrocio393
Including details
Posted

USCIS has seen this construction before, so they might look at your case a little more closely, yes. 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

Expect scrutiny on this.  It's not an uncommon thing to see someone gain immigration benefit through a US citizen, divorce and then want to bring in another person from their country of origin.  Very old trick.

 

Is yours and your new partner's country of origin Canada?  That might make it less suspicious, IMO, if you are both Canadian by birth (low fraud country, generally).

Edited by EmilyW
Posted
6 minutes ago, EmilyW said:

Expect scrutiny on this.  It's not an uncommon thing to see someone gain immigration benefit through a US citizen, divorce and then want to bring in another person from their country of origin.  Very old trick.

 

Is yours and your new partner's country of origin Canada?  That might make it less suspicious, IMO, if you are both Canadian by birth (low fraud country, generally).


She is born in Canada and only has Canadian citizenship but I was born in Europe (Bulgaria) before my parents moved to Canada when I was about 10 years old

Posted
38 minutes ago, OldUser said:

How long have you known this person you want to marry in the future?

 

Did you know them before you married your ex-spouse who sponsored you for GC?

 

If you known the person before your marriage to USC, then yes, it may be a problem. 


We met about 4 months after my divorce, does that mean it's not a problem then?

Posted (edited)
38 minutes ago, jgrocio393 said:


We met about 4 months after my divorce, does that mean it's not a problem then?

Generally, I wouldn't be a problem iny opinion. It's the divorce not so long after getting 10 year GC that could be paid attention to.

 

When are you eligible to apply for naturalization? In 2027? There's a backlog for spouses of LPRs...

Edited by OldUser
Posted
6 minutes ago, OldUser said:

Generally, I wouldn't be a problem iny opinion. It's the divorce not so long after getting 10 year GC that could be paid attention to.

 

When are you eligible to apply for naturalization? In 2027? There's a backlog for spouses of LPRs...


I came over in april 2023, divorce finalized a year after (this april) so I cant apply for naturalization until 2028

Posted
6 minutes ago, jgrocio393 said:


I came over in april 2023, divorce finalized a year after (this april) so I cant apply for naturalization until 2028

Yes this timeline can raise questions, especially if followed by sponsoring a person for immigration benefit shortly after. I'd develop relationship and wait for some time.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
17 hours ago, jgrocio393 said:

I started dating someone long distance from the same country I immigrated from (Canada) a few months later.

Best advice is to always meet in person multiple times before considering big, expensive decisions like marriage and a very long immigration process.  A virtual relationship isn't "dating."

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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