petiton for the second time

M

marie_travel

Registered Users (C)
IF a US citizen who petitioned to bring a foreign wife to the US, divorced her after 5 years of marriage, wants to bring a new woman (also from a foreign country) into the US and marry her, would he be allowed to do that? I thought there was ban against that? Or can US citizens petition for a new person as soon as his first divorce is final?
 
No, that's for people who naturalized by marriage. If husband already sponsored wife #1, this implies he is already eligible to sponsor, either by being natural born USC or by naturalizing earlier. As long as he has 1 marriage at a point of time, he should be able to sponsor.
 
Jackolantern said:
The restriction applies to those who obtained their green cards through marriage, not those who naturalized by marriage after their green cards were obtained another way.
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Fair enough. But the point was that if a USC petitioned once, they have already passed the barrier or any restrictions.
 
marie_travel said:
IF a US citizen who petitioned to bring a foreign wife to the US, divorced her after 5 years of marriage, wants to bring a new woman (also from a foreign country) into the US and marry her, would he be allowed to do that? I thought there was ban against that? Or can US citizens petition for a new person as soon as his first divorce is final?
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There is no restriction, but if they sniff fraud, they may shelf your file......
 
So a US citizen by birth can petition as many times as he or she pleases but if a naturalized citizen petitions once, that would raise red flags? That's messed up considering the fact that it is the US citizen by birth the one who would initiate divorce from wife number 1 in order to bring wife number 2 into the country.
 
I think you are assuming too much. Nothing is messed up.

Once the new citizen has established his/her credentials, he/she can petition as many times as a USC by birth. The contention is to prove that they became USC genuinely. If they got USC through marriage based GC, there will be scrutiny on that part. Once they get USC and pass the 5 year wait time (which stops people from doing serial marriages - first to obtain fake USC and second to get real spouse into US), they are equal.
 
What do you mean by pass the 5 year wait time? Whan does that start? Once you become a USC you would have to wait another 5 years before you can petition for somebody??
 
marie_travel said:
So a US citizen by birth can petition as many times as he or she pleases but if a naturalized citizen petitions once, that would raise red flags?
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It's only a red flag if the naturalized citizen obtained a green card through marriage to a USC or LPR. Naturalized citizens who obtained their GC by another route don't have that problem.

What do you mean by pass the 5 year wait time? When does that start?
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The 5-year waiting period started back when their GC was approved. So they don't have to wait another 5 years after naturalization. However, even after passing the 5-year period it still raises suspicion if it seems the new citizen might have known the new spouse before marrying the original USC, especially if the new spouse is from the same country and city as the new citizen.
 
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