Did you Gain Permenat Resident Status through marriage to a US Citizen??

[Lido 0]

Hello everyone

I am US citizen, I was married to a US citizen from 02/2002 till 11/10/2010

I applied for Vawa case that was approved in March 2010

I filed for Divorce and divorced 11/10/2010

Had an interview with USCIS officer in 2/22/2011

Approved for Green Card in 4/29/2011

Obtained citizenship in 4/2015

I just got married and would like to apply I-130 for my wife who is overseas

I came across a question in Line 14B

Did you Gain Permenat Resident Status through marriage to a US Citizen or Lawful Permenant Resident?

it's a Yes Or NO Question

I got divorce 4 months before my USCIS Interview and my Green card was approved 7 months after the divorce

[alex06m 2]

I believe, you did get it through marriage (it does not matter if you are divorced, you did not get it through employment or anything else, it was based on your marriage even if you got a divorce)

[Hypnos 6,576]

Yes.

[newacct 688]

The question is probably only meant for permanent residents, not citizens (they ask it because INA 204(a)(2)(A) says that a permanent resident cannot petition a spouse within 5 years of getting permanency through marriage, unless they show that the first marraige was not entered into for the purpose of evading immigration laws). However, given that it is not worded clearly to apply only to permanent residents, it is probably a good idea to answer it even if you are a citizen, because it doesn't hurt and you don't want to be misrepresenting yourself. They will just ignore it.

[Hypnos 6,576]

I suspect they want to know regardless of whether you're an LPR or a US citizen. A common scam is for someone to immigrate, divorce after RoC, then turn around and petition their partner from their home country. Asking this question on the form probably helps them to better identify cases where this could theoretically apply. Obviously, the longer delay between your divorce and you then petitioning someone else, the more unlikely it is that you are involved in anything nefarious like this (not saying you are - simply highlighting a common issue).