Conditional GC sponsoring his future wife?

M

majmun

Registered Users (C)
I have conditional green card obtained through marriage with US citizen. I got divorced before receiving and applying 10year green card. I will apply for removal of conditional GC in a few weeks.
I would like to bring my present girlfriend to US. We will get married soon.


1. What are my chances of doing family/fiancee visa for my girlfriend?

2. Is it better to get married to my girlfriend before or after mailing form I-751, before or after receiving results from form I-751?

3. When is the best time to do any kind of visa/arranging status for her? Before or after mailing form I-751, before or after receiving results from form I-751?

4. Is this potential marriage and sponsoring my girlfriend/future wife is going to have any affect on results of my removal of conditional GC application/form I-751?

Any advice would be greatly appreciated.
Majmun
 
Since you got your GC through marriage to a US citizen, you must wait 5 years after your own GC approval to sponsor a new spouse.

Getting married again in the near future to a noncitizen who doesn't have a green card will create the HEIGHT of suspicion. Your case will too closely resemble the classic chain-marriage fraud scenario.
 
majmun said:
I have conditional green card obtained through marriage with US citizen. I got divorced before receiving and applying 10year green card. I will apply for removal of conditional GC in a few weeks.
I would like to bring my present girlfriend to US. We will get married soon.


1. What are my chances of doing family/fiancee visa for my girlfriend?

2. Is it better to get married to my girlfriend before or after mailing form I-751, before or after receiving results from form I-751?

3. When is the best time to do any kind of visa/arranging status for her? Before or after mailing form I-751, before or after receiving results from form I-751?

4. Is this potential marriage and sponsoring my girlfriend/future wife is going to have any affect on results of my removal of conditional GC application/form I-751?

Any advice would be greatly appreciated.
Majmun
Click to expand...

Forget about getting your GF here, start worrying about your own status, do you understand what Conditional means? Depending on how you got divorced and what kind of feedback has been provided to USCIS by your ex you might not even get a waiver for removal of conditions.

If luck is on your side and you do get LPR status then like Jack said you have to wait 5 years to sponsor anyone else.
 
namecheckvictim what feedback from my ex wife are you reffering to? is the USCIS going to call her to get that feedback, or does she has to mail that feedback to them? or do I have to mail that feedback along with I-751?

what I understood is that I have to mail I-751 and all the supporting documents showing that my marriage with my ex was bona fide (which I have plenty of), so I really did not understand that "feedback from my ex".

please respond
 
I agree with the above posters.
Dont do any thing stupid now. Wait till you get your Conditional GC removed. Then if you get 10yrs GC ,you can start thinking about the options available to you.
 
Thanks to everyone for help. I will not do anything stupid, that is why I am still gathering all info I can and this is the reason I came to this forum.

namecheckvictim please reply to my question above.

Also is the 5 year minimum waiting time that was noted in previous posts legaly required time with no exceptions whatsoever or this is just recommended time?

Please response
 
INA 204
(g) Notwithstanding subsection (a), except as provided in section 245(e)(3) , a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 245(e)(2) , until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.

[(g) expands the prohibition against approving a spousal petition beyond just when it is entered into during Removal Proceedings to your situation.]

INA 245
(e) (1) Except as provided in paragraph (3), an alien who is seeking to receive an immigrant visa on the basis of a marriage which was entered into during the period described in paragraph (2) may not have the alien's status adjusted under subsection (a).

(2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to be admitted or remain in the United States.

(3) Paragraph (1) and section 204(g) shall not apply with respect to a marriage if the alien establishes by clear and convincing evidence to the satisfaction of the Attorney General that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien's admission as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) or 2aa/ subsection (d) or (p) of section 214 with respect to the alien spouse or alien son or daughter. In accordance with regulations, there shall be only one level of administrative appellate review for each alien under the previous sentence.

Pazandeh, ID#3100, 19 I&N Dec. 884 (BIA 1989) [This case deals with the older version of the same statute. It means, you have to wait out the prohibition period and then it is no longer an issue.]

(1) In visa petition appeals involving section 204(a)(2)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(2)(A) (Supp. IV 1986), the Board will not review the issue of the bona fides of the petitioner's prior marriage if 5 years have elapsed since the petitioner obtained her lawful permanent residence.

(2) Where the visa petition was initially approvable subject to the petitioner's meeting a burden which has lapsed with the passage of time, the majority finds the rationale expressed in Matter of Bardouille, 18 I&N Dec. 114 (BIA 1981), not applicable. Matter of Atembe, 19 I&N Dec. 427 (BIA 1986); and Matter of Drigo, 18 I&N Dec. 223 (BIA 1982), distinguished.
 
majmun said:
Thanks to everyone for help. I will not do anything stupid, that is why I am still gathering all info I can and this is the reason I came to this forum.

namecheckvictim please reply to my question above.

Also is the 5 year minimum waiting time that was noted in previous posts legaly required time with no exceptions whatsoever or this is just recommended time?

Please response
Click to expand...

By feedback I meant your ex might have wrote or called USCIS and claimed and alleged a lot of negative things, USCIS is more likely to trust a US Citizen than a alien.

A wait of 5 year is mandated by law and there is no way to get around it.
 
the Board will not review the issue of the bona fides of the petitioner's prior marriage if 5 years have elapsed since the petitioner obtained her lawful permanent residence

Means that proof(s) my marriage was bona fide will not be reviwed if 5 years have elapsed since I (the potential petitioner) obtained lawful permanent residence, right?
Big Joes thank you very much.

namecheckvictim might have and has been provided are two different things and you should be more carefull next time when you are replying to this matter which is serious to me.
 
majmun said:
Also is the 5 year minimum waiting time that was noted in previous posts legaly required time with no exceptions whatsoever or this is just recommended time?
Click to expand...

There are exceptions if the marriage ended because of death, or if you can provide "clear and convincing" evidence of a bona fide marriage. See page 1 of the I-130 instructions. That "clear and convincing" standard is very high, and probably will be impossible for you given how short your marriage was and how fast you found another woman to marry (it appears you started seeing her before your short marriage ended).

Means that proof(s) my marriage was bona fide will not be reviwed if 5 years have elapsed since I (the potential petitioner) obtained lawful permanent residence, right?
Click to expand...
No, if the 5 years have elapsed it just means they won't hold you to the "clear and convincing" standard of evidence.

If there is evidence that you had a relationship with your current girlfriend before getting your GC, your GC may be in jeopardy if you attempt to sponsor her for a green card. That is the classic chain-marriage fraud scenario:

1. 2 noncitizens without a green card have a relationship
2. one of them marries a US citizen to get a green card
3. divorce the citizen
4. marry and sponsor the original boyfriend/girlfriend from step 1
 
Last edited by a moderator:
You must log in or register to reply here.
Top