GC after Divorce

RohanPatel

New Member
Hi , I'm on green card got from marriage to US citizen but unfortunately marriage didn't last long and got divorce before removal of condition on my GC . I applied to removal condition long time back but didn't hear anything from USCIS yet . Now my citizenship is coming which is due in 2018 as eligibility to get citizenship within 5 yrs .
I recently start dating to a girl and she is B1 visa and we are planning to get Marry soon .
My question is it good idea to get marry with her in this condition or should I wait ?I would like to file for her GC so that we can stay together here and start living good happy married life .
Reply me with suggestions please
 
Keep in mind that since you got your permanent residency through being petitioned by a spouse, there is a rule that if you marry within 5 years of getting permanent residency, you cannot petition that person while you are still a permanent resident, unless you show by "clear and convincing evidence" that the first marriage was not entered into to evade the immigration laws (that's a higher standard than normally needed for immigration based on marriage). Once you are a citizen, you are no longer subject to this restriction.

Also, keep in mind that if you petition a spouse when you are a permanent resident, it will be in the F2A category with an almost 2 year wait for visa numbers, during which it doesn't give your spouse any ability to stay in the US. If you petition a spouse when you are a citizen, it will be in the Immediate Relative category with no wait for visa numbers. If you petition her in F2A and then you naturalize, it can be "upgraded" to Immediate Relative category.
 
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