filing visa for second wife after obtaining PR from earlier marriage

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virgo_jlt

New Member
Hi,

I was married earlier to a USC and got my green card through marriage, however we later got divorced after 3.5 years of marriage.
At the time i did not apply fo citizenship as we were having issues with our marriage and it just didnt happen.
now i will be completing 5 years as a green card holder and will be applying for citizenship in 2 months.

I am also looking to get married again, have been seeing a girl whom i like very much , but she has over stayed her visa by 4 months.
If i do get married to her, will i be able to file for her greencard as my spouse.
Or will it be very difficult as i had obtained my resident status as a spouse earlier too.

So basically I am confused as to whether i can ever file a petition for my future wife to obtain a green card once i become a citizen?

and If i can file for my GF. should i advise her to return to her hometown and wait for the petition to get approved and then re enter the US.
( i read somewhere that an overstay of less than 180 days does not have any re-enter bar)

or should she just wait here and try her luck?
 
Yes, you can sponsor her for her GC.
She can either AOS or apply for consular processing. If she opts for the latter, she needs to leave before she accumulates 6 months of overstay.

virgo_jlt said:
If i do get married to her, will i be able to file for her greencard as my spouse.
Or will it be very difficult as i had obtained my resident status as a spouse earlier too.
Click to expand...
 
virgo_jlt said:
and If i can file for my GF. should i advise her to return to her hometown and wait for the petition to get approved and then re enter the US.
( i read somewhere that an overstay of less than 180 days does not have any re-enter bar)
Click to expand...

Yep- the ban works as follows. An overstay of 180 days but less than 360 = 3 year bar.
An overstay of 360 days or more = a 10 year bar.

While he overstay in effect does not bar her from re-entry, it could pose potential problems if she was to apply for another tourist visa as it has shown that she cannot adhere to US visa rules- so future tourist visa applications may well be denied. But of course, thats neither here nor there if the next time she is to enter is with a spousal/fiance visa, but I just thought Id mention it just incase she wanted to visit during the process.
 
virgo_jlt said:
I am also looking to get married again, have been seeing a girl whom i like very much , but she has over stayed her visa by 4 months.
If i do get married to her, will i be able to file for her greencard as my spouse.
Or will it be very difficult as i had obtained my resident status as a spouse earlier too.

So basically I am confused as to whether i can ever file a petition for my future wife to obtain a green card once i become a citizen?
Click to expand...
You can petition for her, but you must wait 5 years after your own green card approval before you can file the paperwork, because you got your own green card through marriage to a USC.
 
Thanks everyone for the response.

So If i do get married to her before I become a citizen. Will it affect my naturalization process.
i mean will the fact that i am married to an alien who has overstayed cause an issue for my citizenship.

On the N400 form, when i write that i am married and they ask for visa status for the spouse, when i say she is on a B2 would that be okay ?
 
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