Can a US citizen sponsor a spouse if his PR and Citizen was through previous marriage

A

angelene

Registered Users (C)
Can anyone know the answer, please share:

if a person's citizonship and pemament resident were obtained through the previous marriage to an another US citizen. if he devorce and marry again, does he has to wait for 5 years after his green card to sponsor the new spouse? the i-130 instruction said if permament residence is through previous marriage, he has to wait for 5 years. But it doesn't mention that if this person already has citizenship. I wonder if it still limit even he already natualized .

thanks
 
as....

As from what I know even the naturalized citizen have to wait for 5 years, if he/she obtain his/her citizenship through marriage.
Good luck
 
it says clearly: if you obtained a legal permanent resident status through marriage less than 5 years ago, you cannot apply for a new spouse. You have to wait for 5 years to pass from the date you got your LPR status from your previous marriage, even if you naturalized.
 
I am not sure if LucyMo is correct here. The instructions for I-130 regarding the "5-year rule" pertains to legal permanent resident (LPR or green card holder). Once you are naturalized, technically you are no longer just a legal permanent resident but a citizen

Please correct me if you think my reasoning is wrong
thanks
 
I have to disagree

sing song2 said:
I am not sure if LucyMo is correct here. The instructions for I-130 regarding the "5-year rule" pertains to legal permanent resident (LPR or green card holder). Once you are naturalized, technically you are no longer just a legal permanent resident but a citizen

Please correct me if you think my reasoning is wrong
thanks
Click to expand...


Just because a person was fortunate enough to become a citizen in less then 5 years doesn’t release him from the special waiting condition.
His GC followed by naturalization was acquired because of the previous marriage to US citizen.
There is nothing wrong to get remarried this fast, but his new spouse must wait to file her petition until after his 5 yrs anniversary passes.
Sorry, Angie.
 
It's applicable to US citizen as well as LPR.

New spouse must wait for 5 years from petitioner date of LPR.
 
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