Filling for parents after divorce

[O&R 5]

Is it true that you can not file for any immigrant for 10 years if you divorce a US citizen, who you were married to during naturalization (applied with 3 years rule)?

[SusieQQQ 11,586]

There is no restriction on filing for parents.

 

The rule (unless you can prove an exception) is 5 years for filing for a spouse after you get your green card through marriage, unless you have become a citizen first. That said, if you divorce immediately after naturalizing and immediately sponsor a spouse from your home country, you can expect some scrutiny in the application as it would look suspicious. I have seen lawyer websites suggest waiting 5 years regardless of becoming a citizen in the interim. 
 

(Edit: I’ve just seen the title of the thread. The restriction is on filing for a new spouse.  Body edited for clarification)

 

 

 

Edited January 18, 2021 by SusieQQQ

[O&R 5]

7 minutes ago, SusieQQQ said:

There is no restriction on filing for parents.

 

The rule (unless you can prove an exception) is 5 years for filing for a spouse after you get your green card through marriage, unless you have become a citizen first. That said, if you divorce immediately after naturalizing and immediately sponsor someone from your home country, you can expect some scrutiny in the application as it would look suspicious. I have seen lawyer websites suggest waiting 5 years regardless of becoming a citizen in the interim. 
 

(Edit: I’ve just seen the title of the thread. The restriction is on filing for a new spouse.  Body edited for clarification)

 

 

 

Thank you! So if I became a citizen, applied for my parents as soon as I got the certificate, and now is about to divorce my spouse, it won't affect my parents petition? It is only recommended to wait 5 years for a spousal petition, correct?

[SusieQQQ 11,586]

Correct.

[O&R 5]

3 hours ago, SusieQQQ said:

Correct.

Thank you!