Can I get married again?

[Gabcians 2]

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?

[Ben&Zian 4,397]

2 minutes 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?

 

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. 

[NikLR 13,220]

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 October 2, 2018 by NikLR

[Kings49 6]

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.

[Gabcians 2]

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

[Boiler 43,437]

So you have someone in mind?

 

How long have you been a PR?

Edited October 2, 2018 by Boiler

[Gabcians 2]

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

[Boiler 43,437]

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

[Gabcians 2]

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

[randomstairs 270]

 

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. 

[Gabcians 2]

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 

[randomstairs 270]

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... 

[Daisy.Chain 317]

Once you are divorced you can remarry.

 

The child doesn't prove a legit marriage.

 

I'm not sure on the details of the potential new spouse's potential green card.

[TM92 527]

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).

[Just Paul 4,591]

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?