Can I get married again?

[kris&me 572]

39 minutes ago, Gabcians said:

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

 

you did not state that

this is why it helps to tell all info that is necessary for correct responses

[NovaSprings 89]

2 hours ago, Boiler said:

See previous replies.

Sorry, I cant find the info in the thread.  I see that she has had her GC since 2015, but it's not clear to me if she us still waiting on her ROC to be approved or not.  I guess my point would be if she is is still waiting for ROC to be approved then it might be good to focus on that....or if she applied for naturalization based on 3 yrs, to withdraw her application....just other things to think of before getting married again.

[TBoneTX 43,126]

A noncontributory post and two quotes of it have been removed.  Post productively, or refrain.

[NovaSprings 89]

1 hour ago, Gabcians said:

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

 

Ah, missed that one.

[Derik-Lina 230]

13 hours 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, you can marry again; But, will you be able to bring your spouse as an Immigrant?

The answer is not now and maybe not even in the near future. I advise you to wait until you become a 

US Citizen, with a good job and 2 or 3 years as a divorcee. Just my 2 cents. Good Luck!

Ps. Children are a strong evidence a Marriage is bonafide. Many disagree and say it is only proof

of "Sex". They are right, but only in small percentages. A married and responsible couple plan to have children.

Edited October 2, 2018 by Derik-Lina

[Boiler 43,512]

33 minutes ago, NovaSprings said:

Sorry, I cant find the info in the thread.  I see that she has had her GC since 2015, but it's not clear to me if she us still waiting on her ROC to be approved or not.  I guess my point would be if she is is still waiting for ROC to be approved then it might be good to focus on that....or if she applied for naturalization based on 3 yrs, to withdraw her application....just other things to think of before getting married again.

With a divorce in progress she can not go the 3 year route.

[Tin & Mark 128 3]

13 hours ago, 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 

You need to SLOW DOWN. One thing at a time. I would TRY reconciliation first (for the child) before seeking your own personal journey with another person. Choose your child and child's welfare first!!! Just saying!!!

[TM92 527]

3 hours ago, Boiler said:

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

In order to avoid making an assumption, I used "if" and "Otherwise" in my post; some LPRs opt not to naturalize for various reasons.

2 hours ago, PRC Rabbit said:

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. 

Yup, I agree. Thus, I used "Technically" and "(way higher than "bona fide" proof)" in my post.

2 hours ago, NuestraUnion said:

This means you must have some darn good evidence for your case because immigration is going to heavily scrutinize you.

OP: Heed this advice.

[Gabcians 2]

Ok like i said. 

My situation now is im going through divorce. I happened to just meet someone and with my complicated situation i just wanted to ask how those things work, before i get into a ralationship like that. I just wanted to know if that can have any future, thats all. Im not planning to get married next month... I just dont want to watse my time if there is no options. Now i see that all it takes is just time, thank you for all your answers!

[geowrian 22,335]

13 hours ago, Gabcians said:

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

You can marry anytime.

Once you reach the 5 year anniversary of being a green card holder, you can petition for him (without the very tough hurdle mentioned previously).

He cannot enter with intent to file for AOS within the US. He would need to go a spousal visa approach (either F2A or CR-1/IR-1, depending on if you naturalize or not).

 

CR-1/IR-1: ~12-16 months processing currently..wo knows what it will be in the future.

F2A: ~2-2.5 years for PD to become current + interview. This can also change in that time.

Either way, I highly suggest waiting until the 5 years have passed before considering either option. Take care of your existing life circumstances (divorce, possible naturalization, relationships, etc.) then worry about immigration for a new spouse.

[TM92 527]

14 hours ago, Gabcians said:

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

For future reference, there are two types of J-1. Some J-1 programs come with a 2 year home country physical presence requirement and others don't. Holders of a J-1 with the 2 year requirement need a waiver to AOS: http://www.alllaw.com/articles/nolo/us-immigration/marry-citizen-on-j-1-visa-get-green-card.html

[Carpe Vinum 2,310]

7 hours ago, NikLR said:

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. 

^^^^^ This....The older I get the less judgmental I am about what people do to find happiness. Life rarely follows form..Good Luck!

[CEE53147 559]

8 hours ago, NikLR said:

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. 

Failing to terminate a failed relationship legally can be very expensive in the long run. The legal and financial ramifications of a marriage remain even if the couple is living apart. 

 

In addition, adultery sets a very poor example for children.  And people wonder why so many teens become pregnant.  They are only following the example set by their parents.  It is well documented that children do best - and are safest -  in intact families. In my area it is heartbreaking that too many children are killed by live-in partners of the child's custodial parent. A step-parent in the home is better than a drop-in bed buddy.

 

Lack of funds is a poor excuse not to get a divorce.  There are many self-help resources.  An attorney is not required as long as a person is willing to learn the law and process. There are also legal clinics available to assist low income people.

 

If you are in a failed relationship, do yourself a big favor and close it the legal way.

[NikLR 13,220]

I hope the air isn't too thin up there on your high horse. 

 

While I can agree with some of your sentiments, I cannot agree to all. 

 

Have a nice day. 

 

<eom>

[Villanelle 4,121]

19 hours 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?

Wow this thread got a bit crazy. 

I see this is your first post on visajourney- I hope it doesnt scare you off!  There are many nice people here that can help you  I think its good that you asked this before getting involved and then getting crushed finding out its not possible. But it is possible-  An immigration path is certainly possible for your future spouse if this develops into a real relationship for you. 

 

I think you should hit the report button on any post and ask for the thread to be closed since you seem to have gotten your answers and werent looking for relationship advice/personal judgement.

 

Just to summarize:  you can marry as an LPR any time after your divorce is final (/any waiting periods if applicable). You can also apply for citizenship at 5 yrs if you choose. You have to see if his J visa has a 2yr home residency requirement (if it does then thats a wavier). He can not stay after his J expires because as an LPR its not forgiven. If you were a citizen it would be.  But even then he should not overstay his visa- being illegal currently is not a good thing and it keeps getting worse for those that are currently illegal. Depending on when you are ready to take the next step with him and actually marry - when that happens you can see where you fall- if youre a citizen or if youre still an LPR and how many more years until youve been an LPR for 5yrs or if that date has passed; and you'll know which path to take.

 

Divorcing is hard, even if its an agreeable divorce. Try not to rush into a new relationship- spend time with yourself and find out what makes you happy, you look very young- you have your whole life ahead of you- enjoy it.