Divorced LPR petitioning for new spouse

[Hypnos 6,576]

Immigration court dockets are currently backed up beyond 2017 and that's just with current cases, what makes you think they are going to add to that by trawling I-130 applications? The answer is: they don't.

[Frage 67]

Hypnos, I'm not quite sure what you mean by that. I'm ok with marrying him and waiting until I get my citizenship to file I-130 for him.

[Hypnos 6,576]

It means it makes no tangible difference when you file the I-130, in all practicality. Certainly you can wait until you're a US citizen if you wish.

[mallafri76 1,012]

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?

So basically, you're planning on committing immigration fraud for a year and some months until you can become a USC and petition for him?

[Frage 67]

So basically, you're planning on committing immigration fraud for a year and some months until you can become a USC and petition for him?

omg no way. I am still trying to understand the procedure. Since I can't really help him while being an LPR I thought it was best to wait?

[mallafri76 1,012]

omg no way. I am still trying to understand the procedure. Since I can't really help him while being an LPR I thought it was best to wait?

US immigrations actually read these visa forums. Not to scare you but I would be careful what I write if I were you. I mean, if immigrations read this and find out who you are, that can have some serious implications for you.

Right now, your fiance/boyfriend is illegally in the US. The right way of doing it would be to get married, then he returns to his home country. Once you're a USC in a year and some months, you petition him to become a permanent residence and he can move to the US legally. I know it sucks being apart for that long, most of us on here have been apart from our loved ones for years, but getting married now and then he remains in the US until you become a USC and can petition him is immigration fraud.

[evapaula 230]

US immigrations actually read these visa forums. Not to scare you but I would be careful what I write if I were you. I mean, if immigrations read this and find out who you are, that can have some serious implications for you.

Right now, your fiance/boyfriend is illegally in the US. The right way of doing it would be to get married, then he returns to his home country. Once you're a USC in a year and some months, you petition him to become a permanent residence and he can move to the US legally. I know it sucks being apart for that long, most of us on here have been apart from our loved ones for years, but getting married now and then he remains in the US until you become a USC and can petition him is immigration fraud.

It sounds to me like a lot of people here get frustrated when other people have it easier then them. Just because many people have to wait separately, doesn't mean everybody should. Life isn't fair, oh well!

And I highly doubt uscis has so much free time that they would browse the VJ forums and then do investigative work to establish identity. They seem to have more files than they can handle on their hands.

[Frage 67]

I definitely don't want to commit fraud. That's why I'm here asking questions.

[Hypnos 6,576]

Stick to your plan of acquiring US citizenship if you feel that is the best way forward (and it probably is).

Ignore people throwing around "misrepresentation", as that's a lot of hot air at this point. Nothing you have said or done so far has suggested misrepresentation to me, and my bullshit detector is finely tuned since I have two kids.

And if someone believes that USCIS have the time to trawl through these forums looking for suspected malfeasance on a regular basis, I have some prime lunar real estate you may be interested in.

Edited May 28, 2015 by Hypnos

[mardar 5]

my thoughts to you is to wait until you become a citizen cuz it will take 3 months anyways to go to the interview, i would advice you to file the i130 now if he was oversees to win sometime plus he wouldn't be illegal, but filling will not make a difference because you still have to file the i485 form even if you get the i130 approved before you become a citizen. get married now if you want and file when you become a citizen.

[Hotter Otter 1,211]

And if someone believes that USCIS have the time to trawl through these forums looking for suspected malfeasance on a regular basis, I have some prime lunar real estate you may be interested in.

If the real estate is on the dark side of the moon and doesn't have TV reception so I don't have to hear about the bloody Kardashians I'll take you up on that ;-)

On a serious note, why are people so quick to scaremonger in here, every time a thread comes up like this someone screams "fraud" whatever the intentions of the OP.

[Boiler 43,436]

What fraud?

The old saying a little bit of knowledge is dangerous comes to mind.

[Frage 67]

I wasn't committing fraud when I entered. And I want to help him fix his status and make it right. I'm just asking how to go about it. I appreciate everybody's help

[jvarouh 1]

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

Why don't you apply for citizenship right away? You already have the naturalization eligibility.

[Frage 67]

Jvarouh, my understanding is that I can apply for citizenship after 3 years when still married to the US citizen. When divorced I need to wait 5 years which makes me eligible in October 2016.