urgent please

[mardar 5]

hi there,

did anyone hear about this in visa journey, when someone had to wait for the period of 5 years from the day he became a permanent resident to petition for someone even though I'm a USC now, but because i got my permanent resident status thru marriage to us. ???

thank you all

[kzielu 1,147]

Yes, lots of people. Check out I-130 instructions, section "who may file this form ?" if I remember correctly.

[Darnell 8,478]

yes, I've heard of it.

it's in the I-130 instructions, in a nicely veiled if/then/else clause.

Take a look, when you have a moment?

applies to new foreign spouse, not parents or children.

Edited January 6, 2015 by Darnell

[mardar 5]

so if the 5 year period is over by one day, you can apply and be fine ??

[kzielu 1,147]

so if the 5 year period is over by one day, you can apply and be fine ??

That only means you become eligible, they still will look for fraud since it's a classic fraud scenario.

[mardar 5]

what does that mean ??

[NikLR 13,220]

If you are a USC within 3 years, that means you were married to your spouse and an LPR for at least 3 years. Then you get divorced. Then you want to apply for someone else. It looks like visa fraud. Like you used a USC to get citizenship and then divorced them to bring someone over from your birth country.

Yes it's legal to do it after 5 years (which is how long it would have taken you to become a USC if you weren't married to a USC.)

[joliejolie 0]

yes, I've heard of it.

it's in the I-130 instructions, in a nicely veiled if/then/else clause.

Take a look, when you have a moment?

applies to new foreign spouse, not parents or children.

that means , if you got your citizenship , before 5 years you can apply for parents or children but not for another foreign spouse ?

just curious to know ,

[mardar 5]

but it has been 5 years since i got the green card the first time !!! does that i mean i can now apply for a new spouse ??

just confused with all this. thank you all for your help

[Darnell 8,478]

please, read the instructions with the I-130.

If you can't find the instructions, hey ! say so !

[mardar 5]

yes i did and it does say unless the 5 year period had elapse, but what I'm asking is, can uscis give you hard time even though the 5 years is up ??

did anyone saw something like that in VJ before ?? thank you

[kzielu 1,147]

yes i did and it does say unless the 5 year period had elapse, but what I'm asking is, can uscis give you hard time even though the 5 years is up ??

did anyone saw something like that in VJ before ?? thank you

Absolutely. Not only can, it will. 5 years only mean you can apply and your petition will not be immediately rejected. But at the embassy level they will look take a good look at it - it looks like you got green card only to divorce and bring a "real" spouse from your home country.

[mardar 5]

well thats not the case cuz the first marriage was real for 4 and a half years until she decided to to be with someone else !!! and there all evidence about the first marriage from bank accounts to leases to pictures insurance health and car and trips together .......

[kzielu 1,147]

well thats not the case cuz the first marriage was real for 4 and a half years until she decided to to be with someone else !!! and there all evidence about the first marriage from bank accounts to leases to pictures insurance health and car and trips together .......

Understand - just saying they will look at it. Make sure you have all your documentation together.

[mardar 5]

do you mean i should send my current wife all the documents that i had with my ex wife to take them with her to the embassy ??? they will ask her them ???

and what about here USCIS will approve as any application or they might ask for something else ?? sorry a lots of ?? but I'm just confused and i appreciate your help. thank you