Help!!! Remarry someone after approval of I-751

[TLL 0]

Got my I-751 approved (divorce case) last year.

Right now, I do have a wonderful and lovely boyfriend who is asking me to marry him... we been knowing each other for a long time. He is planning to have a wedding in April or May...but I haven't give him any official answer yet.

My question is, Can I marry him?

Will second marriage affect my future N-400 process?

Can I appy a green card for him when I receive my citizenship?

Will first marriage matter when USCIS look over my file or future petition?

Thank You

[Anh map 2,098]

Are you RE-marrying him meaning that you two were previously married to each other? That could raise immigration questions .

[Brother Hesekiel 2,235]

If you got your 10-year Green Card, you can do as you please. As long as you don't commit a crime -- wait, that's phrased wrongly -- as long as you do not get convicted of a crime, none of what you do has any impact on you becoming a US citizen.

[TLL 0]

Are you RE-marrying him meaning that you two were previously married to each other? That could raise immigration questions .

No...we never married to each other before....

Remarry meaning I am going to get married for second time...

we been knowing each other for a long time because we went to same school...

Edited February 25, 2010 by TLL

[oxymoron_s 0]

You will be fine..Your divorce should not affect your N400 process. However, please make sure to that your divorce decree is complete before you remarry.

[TLL 0]

You will be fine..Your divorce should not affect your N400 process. However, please make sure to that your divorce decree is complete before you remarry.

It was completed....therefore I filed I-751 myself and got approved

[JimVaPhuong 4,863]

Here's the thing... Your immigration history will follow you whenever you have to deal with USCIS or any US consulate in a foreign country. At no point are you fully free and clear - not even after you become a US citizen. What I mean by this is that at any point they can go back and look into your past immigration history in order to make a decision about a current immigration matter. For example, when you originally applied for your visa they checked to see if you had any immigration history with the US. When you applied for your conditional green card they checked to see if you had a legitimate marital relationship with a US citizen. When you self-petitioned to remove conditions on your green card they checked to see if you originally entered that marriage in "good faith". They're going to go back and look into all of that stuff again when you apply for US citizenship. If none of your immigration history has caused you any prior problems, it probably won't cause any new problems when you apply for citizenship.

Now, once you become a US citizen you will be eligible to petition for a foreign fiancee or spouse. You can even petition for a foreign spouse while you're still an LPR, but it takes several years. As usual, this will trigger an investigation into your immigration history. Since you've known your new fiancee for a long time, there is a possibility that they will now suspect you entered into the first marriage with a US citizen in order to ultimately submit a petition for your current fiancee. The odds of the US government suspecting this will increase exponentially at a high fraud consulate (you didn't say what country you and your new fiancee are from). If, in the course of their investigation, they uncover evidence that leads them to conclude that the first marriage was a sham, then everything you've accomplished up to that point, immigration wise, will be at risk. They would almost certainly deny your fiance's visa, but they could also revoke your citizenship and deport you.

Please understand that I'm not trying to scare you, or even implying that there's a likelihood any of this stuff will happen. In fact, it's likely you'll have no problems. However, the fact that you've apparently known your new fiancee since before your first marriage is a definite red flag for a classic visa fraud scenario, and I have little doubt they will at least investigate this. It's something you should be aware of, and also be prepared to address it. What would look very bad for you would be any evidence that you had a romantic relationship with your current fiance BEFORE your first marriage to a US citizen, as well as any evidence that you maintained contact with him while you were married to the US citizen.

This is what Anh Map was alluding to. A classic visa scam involves divorcing a foreign spouse, marrying a US citizen and obtaining legal status in the US, divorcing the US citizen, and petitioning for the first spouse to immigrate. The ultimate objective is to get both foreign lovebirds to the US with legal status to remain here. There are many variations of this particular scam, some of which involve a prior sweetheart rather than a spouse. You should give some thought to your own situation, how your relationship began and developed with your new fiance, and whether a USCIS adjudicator or US consular officer might find any of your circumstances fit that mold. If so, you should prepare adequate evidence to counter their suspicions.

[dvrjwh 0]

Here's the thing... Your immigration history will follow you whenever you have to deal with USCIS or any US consulate in a foreign country. At no point are you fully free and clear - not even after you become a US citizen. What I mean by this is that at any point they can go back and look into your past immigration history in order to make a decision about a current immigration matter. For example, when you originally applied for your visa they checked to see if you had any immigration history with the US. When you applied for your conditional green card they checked to see if you had a legitimate marital relationship with a US citizen. When you self-petitioned to remove conditions on your green card they checked to see if you originally entered that marriage in "good faith". They're going to go back and look into all of that stuff again when you apply for US citizenship. If none of your immigration history has caused you any prior problems, it probably won't cause any new problems when you apply for citizenship.

Now, once you become a US citizen you will be eligible to petition for a foreign fiancee or spouse. You can even petition for a foreign spouse while you're still an LPR, but it takes several years. As usual, this will trigger an investigation into your immigration history. Since you've known your new fiancee for a long time, there is a possibility that they will now suspect you entered into the first marriage with a US citizen in order to ultimately submit a petition for your current fiancee. The odds of the US government suspecting this will increase exponentially at a high fraud consulate (you didn't say what country you and your new fiancee are from). If, in the course of their investigation, they uncover evidence that leads them to conclude that the first marriage was a sham, then everything you've accomplished up to that point, immigration wise, will be at risk. They would almost certainly deny your fiance's visa, but they could also revoke your citizenship and deport you.

Please understand that I'm not trying to scare you, or even implying that there's a likelihood any of this stuff will happen. In fact, it's likely you'll have no problems. However, the fact that you've apparently known your new fiancee since before your first marriage is a definite red flag for a classic visa fraud scenario, and I have little doubt they will at least investigate this. It's something you should be aware of, and also be prepared to address it. What would look very bad for you would be any evidence that you had a romantic relationship with your current fiance BEFORE your first marriage to a US citizen, as well as any evidence that you maintained contact with him while you were married to the US citizen.

This is what Anh Map was alluding to. A classic visa scam involves divorcing a foreign spouse, marrying a US citizen and obtaining legal status in the US, divorcing the US citizen, and petitioning for the first spouse to immigrate. The ultimate objective is to get both foreign lovebirds to the US with legal status to remain here. There are many variations of this particular scam, some of which involve a prior sweetheart rather than a spouse. You should give some thought to your own situation, how your relationship began and developed with your new fiance, and whether a USCIS adjudicator or US consular officer might find any of your circumstances fit that mold. If so, you should prepare adequate evidence to counter their suspicions.

Here's the thing... Your immigration history will follow you whenever you have to deal with USCIS or any US consulate in a foreign country. At no point are you fully free and clear - not even after you become a US citizen. What I mean by this is that at any point they can go back and look into your past immigration history in order to make a decision about a current immigration matter. For example, when you originally applied for your visa they checked to see if you had any immigration history with the US. When you applied for your conditional green card they checked to see if you had a legitimate marital relationship with a US citizen. When you self-petitioned to remove conditions on your green card they checked to see if you originally entered that marriage in "good faith". They're going to go back and look into all of that stuff again when you apply for US citizenship. If none of your immigration history has caused you any prior problems, it probably won't cause any new problems when you apply for citizenship.

Now, once you become a US citizen you will be eligible to petition for a foreign fiancee or spouse. You can even petition for a foreign spouse while you're still an LPR, but it takes several years. As usual, this will trigger an investigation into your immigration history. Since you've known your new fiancee for a long time, there is a possibility that they will now suspect you entered into the first marriage with a US citizen in order to ultimately submit a petition for your current fiancee. The odds of the US government suspecting this will increase exponentially at a high fraud consulate (you didn't say what country you and your new fiancee are from). If, in the course of their investigation, they uncover evidence that leads them to conclude that the first marriage was a sham, then everything you've accomplished up to that point, immigration wise, will be at risk. They would almost certainly deny your fiance's visa, but they could also revoke your citizenship and deport you.

Please understand that I'm not trying to scare you, or even implying that there's a likelihood any of this stuff will happen. In fact, it's likely you'll have no problems. However, the fact that you've apparently known your new fiancee since before your first marriage is a definite red flag for a classic visa fraud scenario, and I have little doubt they will at least investigate this. It's something you should be aware of, and also be prepared to address it. What would look very bad for you would be any evidence that you had a romantic relationship with your current fiance BEFORE your first marriage to a US citizen, as well as any evidence that you maintained contact with him while you were married to the US citizen.

This is what Anh Map was alluding to. A classic visa scam involves divorcing a foreign spouse, marrying a US citizen and obtaining legal status in the US, divorcing the US citizen, and petitioning for the first spouse to immigrate. The ultimate objective is to get both foreign lovebirds to the US with legal status to remain here. There are many variations of this particular scam, some of which involve a prior sweetheart rather than a spouse. You should give some thought to your own situation, how your relationship began and developed with your new fiance, and whether a USCIS adjudicator or US consular officer might find any of your circumstances fit that mold. If so, you should prepare adequate evidence to counter their suspicions.

Wow! That was a well written and informative response. Thank you for taking the time to respond in such a professional manner.

[sachinky 464]

Agree with everything Jim said. You should be aware that your case/fiance will probably face extra scrutiny as you knew your fiance well prior to your first marriage -- maybe even involved romantically prior to or during the marriage. A huge red flag in classic cases of visa fraud, especially in high-fraud consulates.

Edited February 25, 2010 by sachinky

[maherforever 8]

Agree with everything Jim said. You should be aware that your case/fiance will probably face extra scrutiny as you knew your fiance well prior to your first marriage -- maybe even involved romantically prior to or during the marriage. A huge red flag in classic cases of visa fraud, especially in high-fraud consulates.

maybe even involved romantically prior to or during the marriage.

Where did you get this from??? did she mention it or are you just assuming?

[sachinky 464]

Mentioned it as a possibility, if that is, indeed the case. No way for us to know, quite obviously.

[justashooter 430]

statistical probability being what it is...

[3600rs 24]

Good post Jim!

[candelari 0]

Good post Jim!

Speaking from someone elses experience;

she was married when she was 16 and got divorce 2 years later with a kid in MExico. She got married to USC in mexico and immigrated to U.S. Couple months later the alcholich husband took off and she had to go thru a lot to get a divorce and complete green card process and everything else. Third marriage came with 2 more kids. Husband already had a greencard so no immigration headhache for neither one of them.... 18 years later divorce again. met another guy live together almost 6 years married for 4 more years and applied for green card for him. Immigration GRILLED that women!!!! especially about the marriage she had it almost 30 years ago.... Since the marriage and their relationship was real, she got it at the end but she doesn't wish even for her enemy to go thru for that....

PS: couple months later the guy got his green card (unconditional of course after 4 years of marriage), he took off... 10 years of emotional investment went down the drain...

We made choices hoping we won't regret at the end...

[DanielParul 50]

Is your current BF a USC or an LPR or is he a foreign national?