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Gabcians

Can I get married again?

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Hello

I am getting divorced with my husband after over 4 years. I got my permanent resident card. Our marriage was real of course, we have a child things just didnt work out long term.. I was wondering if I can remarry again? Especially when it comes to marrying a foreign citizen. What are my option? Can we get married in US and apply for his green card so he can stay with me? Is there a time I have to wait after divorce to remarry again?

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Posted (edited)

You have to wait if you marry a foreign citizen.  You need to be an lpr for 5 years before you can petition for a new spouse. 

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I think if you divorce him for anything other than violence. You will be deported back to your country, so check properly and do your research before divorcing and quickly remarrying, because if I was a USCIS official, I will find a red flag there, after you have dissolved your marriage you planning on another marriage and not actually to an American but a foreign person probably maybe from your country, that's a big red flag, I will say wait for a year before remarrying. Just my idea to you. USCIS are very intelligent. This is a case that has happened to a lady, she divorced her husband saying it didn't work out and the next month she married and filed, but she was deported, they will ask you a tricky question. Just wait till after a year before remarrying and filing.

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46 minutes ago, Ben&Zian said:

 

Kids don't prove "legit" relationships no matter what you want to believe, just means sex occurred.

 

Each state in the US has different standards as to waiting times for divorce and finalization and all, so check before trying to marry again.

 

If you are an LRP, you can marry anyone you want; but petitioning for your spouse as an LPR can take 2 years to process, so as to having them stay with you here legally, probably not going to happen. Overstay for is not forgiven for being married to an LPR where as to a USC would be, nor would overstay of any visa ever be recommended or suggested here on VJ.

 

So you can marry when eligible, then file for F2A for foreign spouse; but again will  be about 24 months so, be prepared to wait. 

So if he was here legally and we got married and apply for his green card it is not allowed?

Thats what my friends did except yeah the guy was a citizen.

Im not planning big things just yet its just in my complicated situation im trying to see if a new relationship even has a future

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Posted (edited)

So you have someone in mind?

 

How long have you been a PR?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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8 minutes ago, Boiler said:

So you have someone in mind?

 

How long have you been a PR?

I mean ive recently met someone from abroad and im just trying to see if this relationship has any future considering my sitiation..

I got my green card in feb 2015

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So Feb 2020, you have plenty of time to see how it goes, or move there?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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3 minutes ago, Boiler said:

So Feb 2020, you have plenty of time to see how it goes, or move there?

I cant move because i have a child with ex husband.

But what can happen in feb 2020? From what another person said it can take years to apply for a spouse to come here. Or another bunch of time before i can become a citizen

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1 hour ago, Gabcians said:

Hello

I am getting divorced with my husband after over 4 years. I got my permanent resident card. Our marriage was real of course, we have a child things just didnt work out long term.. I was wondering if I can remarry again? Especially when it comes to marrying a foreign citizen. What are my option? Can we get married in US and apply for his green card so he can stay with me? Is there a time I have to wait after divorce to remarry again?

Of course it's perfectly within your rights to remarry. But as others have suggested, sponsoring a person from the same country that you immigrated from may be a red flag, if that's the case. Then again, you were married to your sponsoring husband for almost 4 years, in LPR status, which makes a pretty strong case for bonafide marriage. 


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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1 minute ago, randomstairs said:

 

Of course it's perfectly within your rights to remarry. But as others have suggested, sponsoring a person from the same country that you immigrated from may be a red flag, if that's the case. Then again, you were married to your sponsoring husband for almost 4 years, in LPR status, which makes a pretty strong case for bonafide marriage. 

No no the person is not from the country I came from, thats not the case.

Im trying to see what are my options/time lines as to remarrying 

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Just now, Gabcians said:

No no the person is not from the country I came from, thats not the case.

Im trying to see what are my options/time lines as to remarrying 

In this case I think you should be okay to remarry. What matters are your intentions at the time of applying for an immigration benefit. At this time it is your intention to marry the other guy, so what's the point of waiting at all? Transparency and honesty are best policies. Waiting just to build a stronger case is fine but not legally necessary. I mean, as long as everything is legal by the state laws, etc... 


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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31 minutes ago, Gabcians said:

But what can happen in feb 2020?

If you petition a spouse before that date you will have to overcome the way higher "clear and convincing evidence" requirement than the "bonafide" requirement you went through for your GC: https://www.nolo.com/legal-encyclopedia/my-husband-got-us-green-card-through-previous-marriage-can-sponsor-me.html

43 minutes ago, Gabcians said:

I mean ive recently met someone from abroad and im just trying to see if this relationship has any future considering my sitiation..

If he is here legally with a valid I-94, he should not overstay. Otherwise, read up on the Three- and Ten-Year Bars. Like @Ben&Zian mentioned, overstay (and any unauthorized work) is only forgiven for immediate relatives of USCs (not LPRs).


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You can certainly remarry anytime.  Make sure you update you address with USCIS.

 

What Visa is he on and when does it expire?

 

What country is he a citizen of?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 15, 2018  I-130 DCF Appointment in Juarez 

June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

 

 

 

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