If I got my G.C through my first marriage, should I petition for my husband or should I wait?

C

CarolinaS

New Member
I got married on 2003 with an US citizen in a bona fide marriage and we were married for over six years with no kids. The marriage didn’t work; he left me and he went to live to another state. I found out later that he was living with someone else. We were physically separated for the last year and half. He came back to my state and we decided to get divorce early this year.
On that year and half, I met someone else. After living with him for almost a year, I decided to get marry this summer. A month ago, I applied for my citizenship on bases of 5 years as a lawful permanent resident and I became citizen.
My question is if I should petition for permanent residency for my husband at this moment or should I wait? He is currently in a working visa that is going to expire at the end of next year.
Time Line:
First Marriage 12/2003
Divorce: 02/2010
New marriage: 07/2010
Citizenship: 08/2010
 
Having received your green card thru marriage to a USC, there is a 5-year waiting period before you can file I-130 for another spouse. You have already completed those 5 years, so you are not statutorily barred from sponsoring your spouse.

But if there are indications that you might have had a relationship with your spouse before obtaining your GC (such as originally coming from the same country and city), that could raise a red flag and make them investigate (and delay) your case more extensively.
 
Thank you Jackolantern for your response and I do appreciate your feedback. My husband is from India and I'm from a Hispanic background. I didn't know him before so I don't think that will raise a red flag in our case. My concern is the time frame and that we come from different cultures. I don't know what to do and obviously a lawyer wants business. I don't think a lawyer will be 100% truthful and suggest me to wait longer. At the same time, we have the pressure that next year his Visa will expire and we're doubting that his H1 B Visa will get extended to do lack of net income from his employer.
 
If you had been married for over a year, I would suggest waiting a bit so the 2 years would be completed before the interview. Because if you have been married for at least 2 years on the interview date, upon approval they would issue a 10-year unconditional green card, instead of a 2-year conditional card that would require more paperwork in the next 2 years. But you got married recently, and his H1B will expire before you complete 2 years, so go ahead and apply now.

The type of case that raises the suspicion of chain-marriage are those where you and your spouse have an apparent pre-GC connection, such as coming from the same country and city, or attending the university at the same time, or working for the same employer, etc. But your new spouse doesn't give any indication of that, and your first marriage lasted about 5 years before separation, so they're not going to accuse you of having a fake marriage with the USC.
 
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