Question and advice for my situation.

[Meowz 6]

Hi everyone,

 

It's been a while since I visit the site, and now I can’t believe that I have to come back here and looking for some advice.

 

I came to the US during high school and moved up to college around 2012. In 2014,  I met my ex-wife, and we finally married in Oct -2015. At that point in life, We were happy, and her parents fully support me to go through the process to apply for a green card and, later on, my citizenship. All the relationships have up and down but up until 2019. Due to her workplace (late night local bar shift), she met a new guy. Well, we tried to work it out, and even her sister and parent also support me to get citizenship in  July 2019 through 3 years of rule, and I did. However, in August 2019, a thing happened again, and this time she realized she doesn't feel happy to be with me anymore, and she still keeps in touch with the guy he met a year ago. I respect her during the whole time together, and I know she consistently strong independent woman. She also a bit more extroverted than I do.  We tried to solve it out give us some time to think about it. 

In Nov 2019, she finally mentioned divorce, and it finally happened in early 2020. Her family knew about it, and they sad as much as I do. However, as she mentioned, she feels happy with the new person so. I decided to sign it and release us in Jan 2020. After that, we still keep in touch here and there as a friend. I took a trip back home for a month after I signed. The divorce in Jan 2020. It was a hard time we sold the house that we live together and we peacefully part away. And our marriage was finally done in Feb 2020 (based on the divorce decree signed by the court)

 

 In March 2020, before I  went back to the US. I got introduce to a girl, and we started talking. Well fast forward to this point, 2021. We are finally dating for like over a year. She visited me during the early pandemic (May 2020) on a visitor visa. She went back home in June 2020 due to covid and everything.  I honestly start thinking about getting into another marriage because I began having kids and families as 31. I don't know would  I be able to do the sponsor process for my girlfriend now or I wouldn’t. I want to flight back to her country and propose to her after the whole covid cooldown, but I don’t know what the possibilities for this. I don't want to keep a person hanging on something I am not sure I can do. I already consulted with my lawyer, and they said they're able to do it because I already passed the five years since I first got my RGC and two years since I got my citizenship. However, it might be a challenging journey. 

 

Therefore, I would love to hear from you guys who might go through something like this to make up my final decision. I do in love with my girl atm as well as frustrated about what I should do. She was also looking to settle life, and she has a softer personality than my ex. 
 

 

 

 

 

[Chancy 6,241]

30 minutes ago, Meowz said:

I honestly start thinking about getting into another marriage because I began having kids and families as 31. I don't know would  I be able to do the sponsor process for my girlfriend now or I wouldn’t.

 

How ready are you to marry this person?  Is it "I'd marry her right now if I could"?  Or "not ready now but willing to marry her after she gets a fiance visa after a couple of years"?

 

[powerpuff 6,736]

5 hours ago, Meowz said:

However, it might be a challenging journey. 

Why? I don’t really understand what the issue is. You’re a citizen - you can petition for her. You don’t need lawyers to tell you something that is obvious. 

[Ontarkie 14,280]

Because there is a 5 year wait for someone who has obtained USC through marriage before they petition for someone else. So yes there will be some scrutiny. 

Edited June 9, 2021 by Ontarkie

[powerpuff 6,736]

Just now, Ontarkie said:

Because there is a 5 year wait for someone who has obtained USC through marriage before they petition for someone else. So yes there will be some scrutiny. 

 

I see. Is there any way around that? Like a waiver? Or is that pretty much something you have to wait out?

[Ontarkie 14,280]

Just now, powerpuff said:

I see. Is there any way around that? Like a waiver? Or is that pretty much something you have to wait out?

No waiver, but solid evidence that the first marriage was not just to get here and obtain USC so he can turn around and bring his real love. It's much harder if the new one is someone from his home country and they knew each other prior. 

[Meowz 6]

17 hours ago, Chancy said:

 

How ready are you to marry this person?  Is it "I'd marry her right now if I could"?  Or "not ready now but willing to marry her after she gets a fiance visa after a couple of years"?

 

I would say I would marry her now if I could. I was only serious thinking about it after I realized that this the whole covid thing might never completely end and the distancing might take place forever. 

 

13 hours ago, powerpuff said:

Why? I don’t really understand what the issue is. You’re a citizen - you can petition for her. You don’t need lawyers to tell you something that is obvious. 

Yes as @Ontarkie mentioned. I totally didn't aware of that 5 years rules until I had a bribe conversation with my lawyer. I do not worry too much about the my legitimate of my previous marriage, I just want to hear some advices from people went through something like this so that I can prepare my self.  Because if it require my ex-wife to involve in this, I do need sometime to figure it out since she is already with someone else. It will be really awkward to dig up some tuffs.  

[HRQX 4,145]

6 hours ago, Ontarkie said:

Because there is a 5 year wait for someone who has obtained USC through marriage before they petition for someone else.

The wait is shorter in certain cases. See INA 204(a)(2):

Quote

(A) The Attorney General may not approve a spousal second preference petition for the classification of the spouse of an alien if the alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless-

(i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent residence, or

(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) was not entered into for the purpose of evading any provision of the immigration laws.

In this subparagraph, the term "spousal second preference petition" refers to a petition, seeking preference status under section 1153(a)(2) of this title, for an alien as a spouse of an alien lawfully admitted for permanent residence.

 

(B) Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior marriage of the alien was terminated by the death of his or her spouse.

For example, the petitioner becoming a US citizen before I-130 adjudication shortens the wait because spouse of US citizen is an Immediate Relative petition, not a "second preference petition." Also see 8 CFR § 204.2(a)(1)(i):

Quote

Marriage within five years of petitioner's obtaining lawful permanent resident status.

(A) A visa petition filed on behalf of an alien by a lawful permanent resident spouse may not be approved if the marriage occurred within five years of the petitioner being accorded the status of lawful permanent resident based upon a prior marriage to a United States citizen or alien lawfully admitted for permanent residence, unless:

1. The petitioner establishes by clear and convincing evidence that the marriage through which the petitioner gained permanent residence was not entered into for the purposes of evading the immigration laws; or
2. The marriage through which the petitioner obtained permanent residence was terminated through death.

(B) Documentation. The petitioner should submit documents which cover the period of the prior marriage. The types of documents which may establish that the prior marriage was not entered into for the purpose of evading the immigration laws include, but are not limited to:

1. Documentation showing joint ownership of property;
2. A lease showing joint tenancy of a common residence;
3. Documentation showing commingling of financial resources;
4. Birth certificate(s) of child(ren) born to the petitioner and prior spouse;
5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the prior marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit; his or her relationship, if any, to the petitioner, beneficiary or prior spouse; and complete information and details explaining how the person acquired his or her knowledge of the prior marriage. The affiant may be required to testify before an immigration officer about the information contained in the affidavit. Affidavits should be supported, if possible, by one or more types of documentary evidence listed in this paragraph.); or
6. Any other documentation which is relevant to establish that the prior marriage was not entered into in order to evade the immigration laws of the United States.

(C) The petitioner must establish by clear and convincing evidence that the prior marriage was not entered into for the purpose of evading the immigration laws. Failure to meet the “clear and convincing evidence” standard will result in the denial of the petition. Such a denial shall be without prejudice to the filing of a new petition once the petitioner has acquired five years of lawful permanent residence. The director may choose to initiate deportation proceedings based upon information gained through the adjudication of the petition; however, failure to initiate such proceedings shall not establish that the petitioner's prior marriage was not entered into for the purpose of evading the immigration laws. Unless the petition is approved, the beneficiary shall not be accorded a filing date within the meaning of section 203(c) of the Act based upon any spousal second preference petition.