Can I get married again?

[Gabcians 2]

4 minutes ago, Paul & Mary said:

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?

He is coming here on j1 and he is back in mexico now. He will be coming back on j1 next summer again

[JFH 12,189]

8 hours ago, Kings49 said:

I think if you divorce him for anything other than violence. You will be deported back to your country, 

No, she won’t. 

 

She already has her green card. She cannot be deported for getting divorced. You are confusing K-1 holders who get divorced before AOS is complete - they have to leave the country because they can only adjust through marriage to the original petitioner, no one else (unless they are the victim of abuse). 

[NikLR 13,220]

4 hours ago, CEE53147 said:

You are not yet divorced, and you are seeing someone else.  This action says a lot about you.

Whatever... my mom was separated from my stepdad for 5 years before they actually divorced.  It can be expensive and she decided the money was best spent on raising her children.  Wasn't like she had to live like a nun after a terrible marriage ended. 

[NikLR 13,220]

7 hours ago, Gabcians said:

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

The issue isnt getting remarried, the issue is that legally you cannot petition someone new until you've been an LPR for 5 years if your original green card came from marriage to a USC.  It is the government's way of protecting their citizens from immigration fraud. 

 

Once you can petition the new spouse you can either become a citizen first or you can do it as an LPR.  As a citizen it takes 12-18 months currently (not sure about timelines in 2020) or about 24 months+ as an LPR (again timelines will vary in 2 years.)

[NovaSprings 89]

OP, just wondering where you are in your process, did you enter on a CR1?  Have your conditions been removed, aka 10 yr GC.  Have you filed for naturalization?   Just wondering as a divorce would impact these processes and your status....just a thought.

[Boiler 43,397]

4 minutes ago, NovaSprings said:

OP, just wondering where you are in your process, did you enter on a CR1?  Have your conditions been removed, aka 10 yr GC.  Have you filed for naturalization?   Just wondering as a divorce would impact these processes and your status....just a thought.

See previous replies.

[little immigrant 800]

1 hour ago, NikLR said:

The issue isnt getting remarried, the issue is that legally you cannot petition someone new until you've been an LPR for 5 years if your original green card came from marriage to a USC.  It is the government's way of protecting their citizens from immigration fraud. 

 

Once you can petition the new spouse you can either become a citizen first or you can do it as an LPR.  As a citizen it takes 12-18 months currently (not sure about timelines in 2020) or about 24 months+ as an LPR (again timelines will vary in 2 years.)

Best answer in this thread 

[TM92 527]

10 hours ago, NikLR said:

You need to be an lpr for 5 years before you can petition for a new spouse. 

Technically not true; OP can petition for a new spouse before the 5 years, but she'll need to have "clear and convincing evidence" (way higher than "bona fide" proof) that her previous marriage was not entered into just for the green card: https://www.nolo.com/legal-encyclopedia/my-husband-got-us-green-card-through-previous-marriage-can-sponsor-me.html

[Boiler 43,397]

She isn't even divorced yet, BF has a J1 for a few years, they can always get married and go the CR1 route.

[kris&me 572]

not knowing your state and when u filed for divorce,   all questions are ambiguous

like say,  In New York state , the waiting time to secure a divorce after filing is 1 year

plenty of time to get to know the new person 

and u will not be deported as said above

u divorce,  file divorce waiver

apply for citzenship after 5 years of green card date

and move on with life (the other person did not mean move but move on with life)

marry whoever you want

sorry for your divorce

[TM92 527]

9 minutes ago, Boiler said:

they can always get married and go the CR1 route.

IR-1/CR-1 only if OP naturalizes after Feb 2020. Otherwise, it'll be F2A.

[Boiler 43,397]

By the time she naturalises it would be 2021 so not a lot of difference either way.

[Gabcians 2]

52 minutes ago, kris&me said:

not knowing your state and when u filed for divorce,   all questions are ambiguous

like say,  In New York state , the waiting time to secure a divorce after filing is 1 year

plenty of time to get to know the new person 

and u will not be deported as said above

u divorce,  file divorce waiver

apply for citzenship after 5 years of green card date

and move on with life (the other person did not mean move but move on with life)

marry whoever you want

sorry for your divorce

Why do i need the divorce waiver? Im not on a conditional green card anymore

 

[PRC Rabbit 40]

"Technically not true; OP can petition for a new spouse before the 5 years, but she'll need to have clear and convincing evidence"

 

If I was adjudicating that hypothetical petition  the evidence would need to be very clear and convincing to justify splitting-up with a >5year old child and  the income requirements would  also be narrowly  applied. 

[Unlockable 7,306]

19 minutes ago, Gabcians said:

Why do i need the divorce waiver? Im not on a conditional green card anymore

 

As you are starting to see what you want to do may not as easy as 1,2,3. There are some things you may have to overcome. Refer to @NikLR's response.

 

I think the divorce waiver mentioned previously was the poster referring to the possible 5 year requirement a new immigrant must wait before they could apply for a new spouse.This is for immigrants who migrated on a marriage base visa. Like already explained previously, it is a fraud deterrent. I think the poster was simply saying you may have to file a waiver in order to overcome this requirement.

 

If your new fiance was already a US citizen, then there would be no issues with immigration to be concerned about. But him being a foreigner and needing to be petitioned by you, there may be some limitations to that path.

 

ETA: If you decide to move forward without waiting the 5 years, be sure to not take lightly the "clear and convincing evidence" that @TM92 described in their reply. This means you must have some darn good evidence for your case because immigration is going to heavily scrutinize you.

Edited October 2, 2018 by NuestraUnion