Future sponsership after divorce

copypastery

Registered Users (C)
Future sponsorship after divorce

I would really appreciate it, if someone could give me some advice.

Here is my situation, in January 2005, I married my girlfriend, who I had dated for little over a year. She is a US born citizen, so we decided to file for my permanent residency upon marriage. Upon receipt of my Green Card in Jan 2008, I filed for naturalization. Our relationship started heading south last year. We tried counseling and it didn't work out. We finally decided to part our ways amicably in Sep, 2009.

I am 34 years old and for reasons unknown to me, I am showing signs of age. I have been also getting some pressure from my family in India to remarry. Though I do not have any plans to marry immediately, I wasn't sure if my getting naturalized in February 2009 would have any impact on marrying someone from India sometime next year?

Please let me know, if there are any cooling off period required?
 
Last edited by a moderator:
Since you got your green card by marriage to a US citizen, you cannot sponsor any spouse for a GC until 5 years have passed from the day you got your GC status.

The OP said ... I wasn't sure if my getting naturalized in February 2009 would have any impact on marrying someone from India sometime next year

I am going to try some funnies, please excuse if you don't like it.

Triple Citizen is correct - you can not sponsor until 5 years.

However, there is no restriction on marriage.

Also, there is no restriction on marrying someone from India. Or Pakistan.

Also, there is no restriction in marrying next year. Or this year. Or today for that matter.

You just have to wait it out in terms of sponsoring.

On a serious note, if you need to marry early due to parental pressures or age, be prepared for a tough life for next 3.25 years. [ Sorry for the social commentary ] If your wife stays in India, you will need to commit a lot of travel back and forth. Alternatives are to live in India for a couple of years as there is no requirement to maintain residence in US. Or if your future spouse had a US work or student visa, that might make things easier, although there would be lot of technical details to be worked out in each of these scenarios. Bottom line is a bunch of compromises.
 
The OP said ... I wasn't sure if my getting naturalized in February 2009 would have any impact on marrying someone from India sometime next year

I am going to try some funnies, please excuse if you don't like it.

Triple Citizen is correct - you can not sponsor until 5 years.

However, there is no restriction on marriage.

Also, there is no restriction on marrying someone from India. Or Pakistan.

Also, there is no restriction in marrying next year. Or this year. Or today for that matter.

You just have to wait it out in terms of sponsoring.

On a serious note, if you need to marry early due to parental pressures or age, be prepared for a tough life for next 3.25 years. [ Sorry for the social commentary ] If your wife stays in India, you will need to commit a lot of travel back and forth. Alternatives are to live in India for a couple of years as there is no requirement to maintain residence in US. Or if your future spouse had a US work or student visa, that might make things easier, although there would be lot of technical details to be worked out in each of these scenarios. Bottom line is a bunch of compromises.


Yes the technicalities are so intricate when it involves a human being and immigration. In other worlds it's really traumatic when there's social pressure combined with divorce ,immigration. Really Really traumatic.
 
Since you got your green card by marriage to a US citizen, you cannot sponsor any spouse for a GC until 5 years have passed from the day you got your GC status.

Hi TripleC, I am a little confused over how the GC date features in a situation with a Citizen. I can understand where there could a probation period after Citizenship, but I do not understand the link with the GC which I no longer have.

Can you please give me some more detail on this.

Thanks
 
Hi TripleC, I am a little confused over how the GC date features in a situation with a Citizen. I can understand where there could a probation period after Citizenship, but I do not understand the link with the GC which I no longer have.
The 5-year waiting period is to deter those who would enter a fake marriage, get a green card and citizenship, and then sponsor their real intended spouse for a green card. And it is rare for a non-fraudulent person to enter one marriage, live as a married couple, get divorced*, find somebody else, get married again, all in less than 5 years. Unless they work in Hollywood :D


*they do have an exception that would allow sponsoring a spouse before 5 years, if the marriage through which the green card was obtained ended with death.
 
Last edited by a moderator:
Thanks guys,

:) I am not thinking of getting married and I had my GC for 9 years, I was just curious when I read this thread that the GC date could over ride Citizenship rights. I had not thought of the fraudulent issues. Good thing someone is watching the fort.

I will find the I-130 and read, read, read.

There is no crime in not knowing, the crime is in not wanting to know. :D
 
Top