Re-marriage after getting Green Card

[codycody 31]

Hi All,

I got 10 years green card through marriage then I got divorce and now re-marriage with other spouse so Can I use my green card to bring my new wife to US by filling I-130? Can I do this way or I have to wait till get US citizen? Thanks for your advice.

[f1660114 18]

You have to wait 5 years since the date you first became the green card holder. Base on your timeline, you will be eligible to file for your new spouse on May 4th 2021. However, you can marry her anytime before then.

Edited March 16, 2017 by f1660114

[codycody 31]

Yes that is how I thought, I have a lawyer appointment on April 5 to consult about this. I might know the answer. Hmm

[f1660114 18]

3 minutes ago, codycody said:

Yes that is how I thought, I have a lawyer appointment on April 5 to consult about this. I might know the answer. Hmm

I believe there is no available waiver for that so save your money on lawyer consultation for the lengthy process in the future. You can reference to the I-130 instruction; the form I-130 asking you if you got your residency through marriage is for that purpose. .

[codycody 31]

2 hours ago, f1660114 said:

I believe there is no available waiver for that so save your money on lawyer consultation for the lengthy process in the future. You can reference to the I-130 instruction; the form I-130 asking you if you got your residency through marriage is for that purpose. .

Thanks, I just read the instructions from i-130. I dont understand this line, so can you help to explain it for me. Thanks for your advice.

Who May Not File Form I-130?

5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless:

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or

D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse

[NigeriaorBust 4,087]

  The restriction is to curtail fraud where someone marries a person , gets their green card and then dumps the spouse only to marry someone ( usually a relationship from back home ) and try to bring them to the US.  The 5 years wait is to discourage that .  The statement about that not applying if you can prove that your original marriage was valid is an out for people that married legit and then found themselves single.  If you petition before 5 years they will look very closely and if they decide your first marriage was for immigration benefit they will deny the petition and may even revoke your own green card.  Most people wait out the 5 years.

[f1660114 18]

5 hours ago, codycody said:

Thanks, I just read the instructions from i-130. I dont understand this line, so can you help to explain it for me. Thanks for your advice.

Who May Not File Form I-130?

5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless:

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law; or

D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse

Your questions had been well answered by NigeriaorBust as above. When you are to submit the form I-130, include a well-composed letter explaining why your first marriage in which granted you green card fell through and also inculde a timeline for your newly established relationship right after you divorced. Be prepared that your case will be scrutinied based on that facts but if your relationships are all bond-fide, then you can overcome those issues.

[codycody 31]

Hi all,

I just spoke to the great lawyer, he advised I should get US citizen then I can bring my current gf to US. He suggested that I should not divorce too early and save all bona-fide documents in case they asked about previous marriage in the US citizen interview. Should I get married with my new wife before I get US citizen or after is better? Please give me your advise. Thanks.

[KierenHby 897]

You have to decide when to marry, your decision. Once married, file petition for a F2a visa, then upgrade to CR1 upon Naturalization.