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Reshma

Brinning husband USA.

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Hi guys, i have one question. If you have 10 year green card and if you get married to someone outside US. Is it possible that you can bring them US with you if you live certain month with that guy and his country. Or another wzy to bring them with you.

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You marry them, then file an I130. It is F2A category for spouse of a green card holder, and that takes about 2 years before they can join you.

However, if you got your green card through marriage less than 5 years before you file, the petition will be denied,hence the question above about how and when you got your green card.

Edited by SusieQQQ

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Sounds like OP is in ROC process in another thread. Already thinking of the next marriage? 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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4 minutes ago, WeGuyGal said:

Sounds like OP is in ROC process in another thread. Already thinking of the next marriage? 

Well in that case she doesn’t meet the 5-year requirement. One might even speculate that it’s one of those cases why the 5-year requirement exists.

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13 hours ago, Reshma said:

Hi guys, i have one question. If you have 10 year green card and if you get married to someone outside US. Is it possible that you can bring them US with you if you live certain month with that guy and his country. Or another wzy to bring them with you.

You would need to file for a waiver since you married a US resident and got a green card that way.  You will need to show the first marriage was bona fide.

Living with him in his country will help with the bona fide for the 2nd marriage.  However, the US Embassy will look at your entire history and your history with this guy.  

How did you meet your current guy?  Did you know him before immigrating to the US?

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1 hour ago, aaron2020 said:

You would need to file for a waiver since you married a US resident and got a green card that way.  You will need to show the first marriage was bona fide.

Living with him in his country will help with the bona fide for the 2nd marriage.  However, the US Embassy will look at your entire history and your history with this guy.  

How did you meet your current guy?  Did you know him before immigrating to the US?

She already has a  10 year card, what kind of waiver?


YMMV

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4 minutes ago, payxibka said:

She already has a  10 year card, what kind of waiver?

no she doesn't


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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12 minutes ago, payxibka said:

She already has a  10 year card, what kind of waiver?

My apology for using the term waiver.  I shouldn't have typed that.

She's in the middle of ROC.  She hasn't been an LPR for 5 years.  She gained her green card through marriage.  She will need to provide "clear and convincing evidence" that the first marriage was not a way to evade US immigration laws.  

Edited by aaron2020

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Just now, aaron2020 said:

My apology for using the term waiver.  I shouldn't have typed that.

She's in the middle of ROC.  She hasn't been an LPR for 5 years.  She gained her green card through marriage.  She will need to provide "clear and convincing evidence" that the first marriage was a way to evade US immigration laws.  

I misread as well.  Agreed it will likely be subject to a higher level of scrutiny 


YMMV

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"Clear and convincing evidence" is a very high bar. Sounds like waiting until she's been a LPR for 5 years before petitioning for the new spouse is the safe way to go.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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