Sponsoring foreign spouse as a naturalized citizen (orig. got GC via marriage)?

[sircharles 2]

Hi all,

 

In the past I was married to an American citizen, did Adjustment of Status from an F-1 visa, received my green card, and had its conditions removed. My spouse and I then divorced before I could be naturalized under the 3-year rule. I later naturalized under the 5-year rule with no incident except for a scary interview with an officer who was grilling me on my past marriage, saying that I divorced too early (I was able to satisfy his concerns at the interview). It has now been 5 years since I have been naturalized and almost 10 years since I have been divorced. I would like to marry my foreign fiance and sponsor her for a green card in the same way that I was sponsored, as she is on an F-1 visa (currently on OPT). I am concerned that the officials will view my case very harshly -- do you think I am likely to encounter any problems?

[OldUser 4,827]

Yes, you likely will have more scrutiny based on the past. USCIS still has your file. They'll likely research it when dealing with your case. You may have stokes etc. I wouldn't be surprised. At the same time, nobody knows for sure what would happen.

[Dashinka 23,252]

I agree, there may be more scrutiny, but I feel enough time has passed, and you successfully naturalized that this scrutiny may not be too bad.  Make sure you keep a detailed timeline of your relationship(s) to show this was not the case of getting your LPR/USC status, and immediately turned around to sponsor a foreign spouse.

 

Good Luck!

[Boiler 43,451]

Is she from the same country

 

Did you know her before you moved to the US

[sircharles 2]

2 hours ago, Boiler said:

Is she from the same country

 

Did you know her before you moved to the US

No, we are from completely different countries (one I had never visited) and we met years after I had already been naturalized. We met serendipitously one night on the town here in the States. She speaks a different language from English natively, but she has studied in the US so her English is great. I am learning her mother tongue as well.

Edited December 19, 2023 by sircharles

[sircharles 2]

2 hours ago, Dashinka said:

I agree, there may be more scrutiny, but I feel enough time has passed, and you successfully naturalized that this scrutiny may not be too bad.  Make sure you keep a detailed timeline of your relationship(s) to show this was not the case of getting your LPR/USC status, and immediately turned around to sponsor a foreign spouse.

 

Good Luck!

Okay, thank you. Does that mean I should put the timeline of my current relationship as well as my past relationship into the cover letter, or just keep a note? It would feel strange to include something like that in the application, since I'm the petitioner and not the beneficiary. 

Again, thank you all for your help and advice. This is very encouraging.

[Dashinka 23,252]

4 hours ago, sircharles said:

Okay, thank you. Does that mean I should put the timeline of my current relationship as well as my past relationship into the cover letter, or just keep a note? It would feel strange to include something like that in the application, since I'm the petitioner and not the beneficiary. 

Again, thank you all for your help and advice. This is very encouraging.

Personally, I would just keep it for yourself and bring it to the interview in case any questions are asked.  You can add a short explanation of your current relationship with your foreign spouse with the AOS package, but I would keep your full relationship history for an interview.  Also make sure you review that with your current spouse on the off chance you get a Stokes interview, and they separate you.

 

Good Luck!