Canadian Citizen Marrying a PR

[Usman.Usman 0]

Hi,

Speaking on behalf of a friend of mine who is a permanent resident through previous marriage and his divorce papers are almost done. He met this girl who is a Canadian and want to marry her here in US.

Questions are;

Its been just over 3 years that he is a Permanet resident, would this stop him marry her since it has to be 5 years before you can marry another person or this will only apply when you file form I-131?

Can they register their marriage here in US and apply for her to adjust her status here (Form I-485)?

Thanks

[Inky 1,111]

Hi,

Speaking on behalf of a friend of mine who is a permanent resident through previous marriage and his divorce papers are almost done. He met this girl who is a Canadian and want to marry her here in US.

Questions are;

Its been just over 3 years that he is a Permanet resident, would this stop him marry her since it has to be 5 years before you can marry another person or this will only apply when you file form I-131?

Can they register their marriage here in US and apply for her to adjust her status here (Form I-485)?

Thanks

A 131 form is a travel or re-entry permit. Not sure what that has to do with this?

Cant adjust status in the USA - they will have to file a spousal petition.

[Usman.Usman 0]

A 131 form is a travel or re-entry permit. Not sure what that has to do with this?

Cant adjust status in the USA - they will have to file a spousal petition.

Correction**

Hi,

Speaking on behalf of a friend of mine who is a permanent resident through previous marriage and his divorce papers are almost done. He met this girl who is a Canadian and want to marry her here in US.

Questions are;

Its been just over 3 years that he is a Permanet resident, would this stop him marry her since it has to be 5 years before you can marry another person or this will only apply when you file form I-130?************

Can they register their marriage here in US and apply for her to adjust her status here (Form I-485)?

Thanks

[Usman.Usman 0]

Hi,

Speaking on behalf of a friend of mine who is a permanent resident through previous marriage and his divorce papers are almost done. He met this girl who is a Canadian and want to marry her here in US.

Questions are;

Its been just over 3 years that he is a Permanet resident, would this stop him marry her since it has to be 5 years before you can marry another person or this will only apply when you file form I-130?

Can they register their marriage here in US and apply for her to adjust her status here (Form I-485)?

Thanks

[BlueBonnet 84]

If he is a legal resident and free to marry, there is no reason why he cant petition her. Now you said his papers arnt finalized, he cannot petition for her until that is over with first.

[Usman.Usman 0]

If he is a legal resident and free to marry, there is no reason why he cant petition her. Now you said his papers arnt finalized, he cannot petition for her until that is over with first.

So he can just go to marriage registry office and register their marriage apply for his new wife’s legal residence, which form should they need?

His paper work with his previous marriage is done, sorry for the confusion. He is free .

She do not need to go back to Canada apply for visa or that spousal form I-130, since she is legally in the US and she has 6 months of right to stay in US?

Please advise

[aaron2020 11,651]

Correction**

Hi,

Speaking on behalf of a friend of mine who is a permanent resident through previous marriage and his divorce papers are almost done. He met this girl who is a Canadian and want to marry her here in US.

Questions are;

Its been just over 3 years that he is a Permanet resident, would this stop him marry her since it has to be 5 years before you can marry another person or this will only apply when you file form I-130?************ He can marry her now. There is no limit as to when he can marry her. The law prohibits him from petitioning for her since he obtained his green card through marriage to a US citizen or LPR. If he can prove his first marriage was not a fraudulent marriage to obtain a green card, then he can immediately petition for her.

Can they register their marriage here in US and apply for her to adjust her status here (Form I-485)? No. There is no need to register their marriage in the US. The spouse of an LPR cannot adjust status unless a visa is immediately available. Currently, it takes about 3 years for a visa to become available to the spouse of an LPR.

Thanks

Read the instructions for Form I-130.

Your friend acquired his green card through a previous marriage to a US citizen or LPR. He is now divorced and wants to marry a Canadian.

He is free to marry her. There is no need for him to wait. However, he cannot petition for her until he has had his green card for 5 years. If he wants to petition for her before the 5 years, he will need prove his first marriage was not a fraudulent means for him to obtain a green card.

This is the scenario that USCIS is prohibiting; 1) Fraudulent marriage to get green card, 2) divorce once the spouse gets a 10 years green card or US citizenship, and 3) marry true love and bring to US. This is why the law requires a 5 years period on this person who obtains a green card based on marriage to a US citizen or LPR, then quickly divorce so he/she can marry his/her true love and bring that person to the US. Seems like a plan for fraudulent marriages to obtain immigration benefits.

-------

I-130 Instructions

Who May Not File Form I-130?

You may not file for a person in the following categories:

1. An adoptive parent or adopted child, if the adoption took place after the child's 16th birthday, or if the child has not been in the legal custody and living with the parent(s) for at least 2 years prior to the filing of the petition.

2. A natural parent, if the U.S. citizen son or daughter gained permanent residence through adoption.

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

4. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated.

5. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a U. S. citizen or lawful permanent resident, unless:

A. A period of five years has elapsed since you became a lawful permanent resident; or

B. You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or

C. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.

Edited January 14, 2012 by aaron2020

[Brad & Mayra 2]

Edit, didn't realize the 5 year limitation

Edited January 14, 2012 by Brad & Mayra

[mr and mrs 187]

double posted?

[aaron2020 11,651]

If he is a legal resident and free to marry, there is no reason why he cant petition her. Now you said his papers arnt finalized, he cannot petition for her until that is over with first.

This is wrong. The friend obtained his green card based on a marriage to a US citizen or LPR. He divorced after getting his 10 years green card. He has been an LPR for 3 years. He cannot petition for another spouse unless 1) he has been an LPR for 5 years; or 2) he can prove his first marriage was not fraudulent to obtain immigration benefits; or 3) his first marriage ended because his wife died.

Read the instructions for Form I-130.

Hi,

Speaking on behalf of a friend of mine who is a permanent resident through previous marriage and his divorce papers are almost done. He met this girl who is a Canadian and want to marry her here in US.

Questions are;

Its been just over 3 years that he is a Permanet resident, would this stop him marry her since it has to be 5 years before you can marry another person or this will only apply when you file form I-130? He can marry her now. There is no limit as to when he can marry her. The law prohibits him from petitioning for her since he obtained his green card through marriage to a US citizen or LPR. If he can prove his first marriage was not a fraudulent marriage to obtain a green card, then he can immediately petition for her.

Can they register their marriage here in US and apply for her to adjust her status here (Form I-485)? No. There is no need to register their marriage in the US. The spouse of an LPR cannot adjust status unless a visa is immediately available. Currently, it takes about 3 years for a visa to become available to the spouse of an LPR.

Thanks

Please don't post more than once.

Your question has been answered in your other thread.

http://www.visajourney.com/forums/topic/347106-canadian-citizen-marrying-a-pr/page__p__5102529#entry5102529

Read the instructions for Form I-130.

Your friend acquired his green card through a previous marriage to a US citizen or LPR. He is now divorced and wants to marry a Canadian.

He is free to marry her. There is no need for him to wait. However, he cannot petition for her until he has had his green card for 5 years. If he wants to petition for her before the 5 years, he will need prove his first marriage was not a fraudulent means for him to obtain a green card.

This is the scenario that USCIS is prohibiting; 1) Fraudulent marriage to get green card, 2) divorce once the spouse gets a 10 years green card or US citizenship, and 3) marry true love and bring to US. This is why the law requires a 5 years period on this person who obtains a green card based on marriage to a US citizen or LPR, then quickly divorce so he/she can marry his/her true love and bring that person to the US. Seems like a plan for fraudulent marriages to obtain immigration benefits.

-------

I-130 Instructions

Who May Not File Form I-130?

You may not file for a person in the following categories:

1. An adoptive parent or adopted child, if the adoption took place after the child's 16th birthday, or if the child has not been in the legal custody and living with the parent(s) for at least 2 years prior to the filing of the petition.

2. A natural parent, if the U.S. citizen son or daughter gained permanent residence through adoption.

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

4. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated.

5. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a U. S. citizen or lawful permanent resident, unless:

A. A period of five years has elapsed since you became a lawful permanent resident; or

B. You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or

C. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.

Edited January 14, 2012 by aaron2020

[ceadsearc 516]

In addition to needing to be an LPR for 5 years, there is also the factor that a visa is not immediately available for spouses of LPRs. She has to remain in-status at all times until a number is available meaning even if there was not a 5-year rule, she still couldn't stay while she waited the couple of years for a visa number to become available.

They can marry, but their best bet is probably to wait for the LPR to become a US citizen (should be eligible after 5 years, at the same time he could petition as an LPR), have the LPR become a citizen, and then apply for a CR-1 for the spouse.

[Penguin_ie 5,996]

** two topics on the same issue merged in the correct forum ***

[aaron2020 11,651]

Some of you may find this cynical, but I find it offensive if true.

A person can prove a bona fide marriage to remove condition at the 2 years mark. It takes a few months to remove condition. Immediately afterwards, the marriage break apart. At year 3, the LPR who no longer has to do anything to maintain his LPR status finds a foreign person to fall in love with and bring to the US.

It seems to me that in many cases, one can make the argument that this objectively looks like fraud.

This is why the 5 years rule exist. To discourage this type of fraud.

[ceadsearc 516]

Some of you may find this cynical, but I find it offensive if true.

A person can prove a bona fide marriage to remove condition at the 2 years mark. It takes a few months to remove condition. Immediately afterwards, the marriage break apart. At year 3, the LPR who no longer has to do anything to maintain his LPR status finds a foreign person to fall in love with and bring to the US.

I don't disagree with you, but even without the 5-year rule they can't just bring them to the US. There is a wait for spouses of LPRs to receive a visa, so the new spouse would be waiting a couple years anyway.

[aaron2020 11,651]

I don't disagree with you, but even without the 5-year rule they can't just bring them to the US. There is a wait for spouses of LPRs to receive a visa, so the new spouse would be waiting a couple years anyway.

If you tweak the scenario a little, you can see the wait disappear. At year 3, the LPR becomes a US citizen. He immediately divorces and files for his new wife. No wait when the I-130 & I-485 is filed concurrently if the foreign spouse just happens to be in the US.

This is why the 5 years rule is still needed.

Edited January 14, 2012 by aaron2020