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Frage

Divorced LPR petitioning for new spouse

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I am on a 10 year green card via CR1/IR1 and we got divorced. I found a new man in my life and we want to get married.

Here's the problem. He is not a US citizen. And he overstayed his tourist visa. What steps do we need to take to make him legal? He's not leaving the country so I thought marrying him and filing I-130. I know it's not ideal but can we fix his status?

By the way I'm not marrying for the visa.

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He cannot adjust status through you until you become a US citizen.

If you get married then you can file an I-130 for him under the F2A preference (spouse of an LPR) and this would take approximately two years for the priority date to become current. You can upgrade your F2A petition to an immediate relative petition after you naturalise.

If the priority date becomes current and you are still not a US citizen, he would need to interview in his home country for an immigrant visa. Depending on how long his overstay is, he may be found inadmissible to the US, and at that point would need to file an I-601 waiver, which may or may not be granted.

The easiest way is for you to become a US citizen, and then he can adjust status.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I knew there were going to be issues.

If we get married and I want to file I-130 once I'm naturalized would that work better? He would stay in the overstay status until then. Will there be a chance we still get denied? Is it best if I get a lawyer?

Edited by Frage

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When are you due to naturalize? And when did you marry your petitioner ex-spouse?

Edited by apple21

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I'm applying for citizenship October 2016. I married my ex in 2010, entered the States in October 2011.

Can we get married before I naturalize? Will this be a problem for my own status?

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U need to file for citizenship...u can't do it as LPR...cuz he is out of status...


 

USCIS

 

Chicago lockbox

09/02/16: I-130 + I-485 + I-765 Sent (USPS)

09/15/16: Email/Text from LockBox@USCIS

09/19/16: I-797-C letters received

09/27/16: BIO early walk-in (10/06/2016)

10/05/16: I-485 RFE email received

10/11/16: RFE yellow letter received/RFE package sent

10/13/16: RFE package delivered (USPS)

10/14/16: RFE package received by USCIS (Email received from USCIS)

11/23/16: I-765 was approved. Card ordered (Expedite processing/Job offer)

11/28/16: EAD Card was mailed

12/01/16: EAD Card was in the mail

05/15/16: Interview scheduled for 6/13/17

6/13/17: Interview. Not approved in the spot. IO wanted to check for gonorrhea test on I-693. She said maybe we could get RFE.

6/19/13: I-797C Letter on the mail. I-130 was approved. 

6/26/17: Email update: Green card production was ordered on 6/24/17

6/29/17: Email saying card was mailed on 6/28/17

6/30/17: We received the card. 

6/30/17: Waiting for ROC in 2 years (6/13/19)

 

 

 

 

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You can get married whenever you want.

You can file an I-130 at any point after you get married. The only way he can adjust status though is after you become a US citizen.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I've read about some people here on VJ who obtained their green cards through marriage to a US citizen, subsequently divorced the US citizen, and then tried to sponsor an alien. They ran into issues with USCIS. You will need to prove your marriage to the US citizen was bonafide as well as your new relationship.


Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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It might come up, but if it was a bona fide marriage then you shouldn't have a problem.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Do not file the I-130 when you are an LPR who can not adjust your husband. Why would you want to put him in the crosshairs when you can't get him legal status? You realize you have to tell them that he is in the U.S. without legal status on the I-130, and you can't get him legal status. What do you think will happen? They would just leave him alone until you get citizenship?

Get your US citizenship first, then file to notify immigration that he is here without status.

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