Waiting time after a divorce
- Thread starter rubinop
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Atlanta_Brother
Registered Users (C)
Time
Usually 24-48 hrs. I am just messing with you. It's always better to wait after his divorce is over and then get married. Looks good.... that this guy didn't leave his ex-wife just to get married to you and secondly if you can't wait and want to get married right away, I would get married but wait and not apply for your Green card right away. I'd wait few months. This way the marriage will look genuine and will carry some weight. You don't want to put the officer in doubts if you married him to obtain a GC. That's my opinion. Lets see what other have to say on this. Good luck.
Hi, my boyfriend's divorce (he is a U.S. citizen) will be final over the summer. How long after that do we have to wait in order to get married and apply for my adjustment of status, EAD, etc.?
Usually 24-48 hrs. I am just messing with you. It's always better to wait after his divorce is over and then get married. Looks good.... that this guy didn't leave his ex-wife just to get married to you and secondly if you can't wait and want to get married right away, I would get married but wait and not apply for your Green card right away. I'd wait few months. This way the marriage will look genuine and will carry some weight. You don't want to put the officer in doubts if you married him to obtain a GC. That's my opinion. Lets see what other have to say on this. Good luck.
Thank you Atlanta Brother! My only issue is that my LC through my employer didn't go well because I will be laid off very soon, and my H1-B will expire in September 2008 (7th year renewal). So I actually need to get married and file for adjustment of status right away in order to be able to work..or, as you suggested, relax for a couple of months and then apply
Thanks again!Atlanta_Brother
Registered Users (C)
I would still wait
I understand that you would like to get your work permit and start working ASAP. The reason I asked you to wait so that this whole thing doesn't look like a setup. Your BF's divorce and then your marriage right away and then filing for Green card within days. I would also take some advice from a good immigration attorney in your area & see what he/she has to say.
Thank you Atlanta Brother! My only issue is that my LC through my employer didn't go well because I will be laid off very soon, and my H1-B will expire in September 2008 (7th year renewal). So I actually need to get married and file for adjustment of status right away in order to be able to work..or, as you suggested, relax for a couple of months and then apply
I understand that you would like to get your work permit and start working ASAP. The reason I asked you to wait so that this whole thing doesn't look like a setup. Your BF's divorce and then your marriage right away and then filing for Green card within days. I would also take some advice from a good immigration attorney in your area & see what he/she has to say.
Frankly, it doesnt matter what looks bad or good or whatever,as long as you follow the requirements, ie you could probably get married the day after the divorce and file for Adjustment, BUT YOU SHOULD Probably get an ATTORNEY first dont do anything that may screw you in the long run ie when you file for citizenship where they really scrutinize your records
Atlanta_Brother
Registered Users (C)
Having an attorney
Just curious svsarma, did you hire an attorney to file your N-400 form? Personally I don't think an attorney can make any difference, esp with this type of case. If you involve an attorney, it will look more obvious or raise a flag on your case. Yes, if she marries that boyfriend of hers right away after his divorce and immediately apply, the facts will still ramain the same. The attorney cannot come into play and change the fact that she got married right after his divorce and you applied for AOS right away. I wouldn't waste my money on an attorney esp on AOS case. Do it yourself. Few basic forms that can be downloaded off of the USCIS webpage and you are good to go.
Just curious svsarma, did you hire an attorney to file your N-400 form? Personally I don't think an attorney can make any difference, esp with this type of case. If you involve an attorney, it will look more obvious or raise a flag on your case. Yes, if she marries that boyfriend of hers right away after his divorce and immediately apply, the facts will still ramain the same. The attorney cannot come into play and change the fact that she got married right after his divorce and you applied for AOS right away. I wouldn't waste my money on an attorney esp on AOS case. Do it yourself. Few basic forms that can be downloaded off of the USCIS webpage and you are good to go.
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Hi LucyMo, no my boyfriend and his soon-to-be ex-wife are both born and grown up here.
I actually might take into consideration both your advises, which means maybe wait a few months to apply after the wedding, and still get a lawyer. It is so easy to make mistakes. Thank you very much to all of you!
The only thing that you must follow if is there a rule to apply for a marriage license after divorce. There are some states that required a 30 days period...you know, for re-thinking issues.
Anyway, there is nothing about "looks good" if you wait to marry a person...you marry when you want to, period. The only thing that immigration cares is that when you meet, how you met, if somebody was marry before and they will ask for your spouse's marriage and divorce and you must put the divorce decree and the marriage certificate on the package (copies pls). There is no such thing of "save window" to get re-marry.
Immigration should not denied your immigration benefits based if you were the lover or the "other" in your future-to-be-spouse marriage.
Anyway, there is nothing about "looks good" if you wait to marry a person...you marry when you want to, period. The only thing that immigration cares is that when you meet, how you met, if somebody was marry before and they will ask for your spouse's marriage and divorce and you must put the divorce decree and the marriage certificate on the package (copies pls). There is no such thing of "save window" to get re-marry.
Immigration should not denied your immigration benefits based if you were the lover or the "other" in your future-to-be-spouse marriage.
Thank you cherr1980. That's comforting.
And to clarify...most commontly LucyMo asked it's because if your future-to-be-spouse was married with another immigrant...and this immigrant is not even a US Citizen...then other complications may arise...not major (been there, done that), but most commonly your spouse is the one who will get more questions than you and you should be prepare.
you should be good to go...after the divorce of course.
you should be good to go...after the divorce of course.
Atlanta_Brother
Registered Users (C)
I don't agree
What do you have to say on that 30-60-90 day rule? If you meet a person within a month of his/her entry into US on a tourist visa and decide to marry right away coz it was love at first sight, would you rush and do it or think about it twice from immigration point of you as well and plan it accordingly. If you ask me, I would not take any chances with immigration and wait for about 90 days and play it safe rather than getting married coz there is no such thing as "looks good" in your books.
What do you have to say on that 30-60-90 day rule? If you meet a person within a month of his/her entry into US on a tourist visa and decide to marry right away coz it was love at first sight, would you rush and do it or think about it twice from immigration point of you as well and plan it accordingly. If you ask me, I would not take any chances with immigration and wait for about 90 days and play it safe rather than getting married coz there is no such thing as "looks good" in your books.
Jane Green
Registered Users (C)
She did not meet her BF while on a tourist visa. She is here on H1-B and it's a different story.
People can get divorced and married whenever they want and feel ready, it’s a free country.
I got married to my husband exactly 30 days after my divorce became final. And we would have done it sooner, but had to wait a month, here in FL.
I have GC already, nobody questioned my motives during the interview.
Plus, I already had a pending I-485 in a different category, which I later withdrew and filed new application, based on my marriage to US citizen, about 6 months later, but that’s my story.
For her – if she can prove that her marriage is genuine with enough strong evidence then why wait? 30… 90 days… a year? There is never “look good” or “safe timeframe” when it comes to immigration. All they care is evidence, most importantly mingled accounts and taxes.
Atlanta_Brother
Registered Users (C)
rubinop is the one to decide
By now I am sure rubinop must have read everybody's point of you and different suggestions from different people.I could be right or I could be wrong... vise versa.
It's rubinop who has to make up her mind and make the final decision on who she really thinks makes more sense and ofcourse follow her heart. I am not convinced at all with your story. Doesn't seem real, as if I am reading a boring novel.....With that said, rubinop is wise enough to get everybody's opinions and take it from there.
By now I am sure rubinop must have read everybody's point of you and different suggestions from different people.I could be right or I could be wrong... vise versa.
It's rubinop who has to make up her mind and make the final decision on who she really thinks makes more sense and ofcourse follow her heart. I am not convinced at all with your story. Doesn't seem real, as if I am reading a boring novel.....With that said, rubinop is wise enough to get everybody's opinions and take it from there.
And that is what I will do. I will talk to a lawyer and if he will suggest that it is better to wait a few months, I will do it (not for too long though, because otherwise I will go out of status).
And, by the way, me and my BF know each other for the last 4-5 years, and started our relationship approximately 4 year ago, when he first tried to divorce (his kids took it too bad, so he didn't feel like going through). He waited (me too) and now the kids are older and they are ok. What I mean to say is that the GC necessity might make the wedding happen sooner, but it is something we have been waiting for the last 4 years.
i think a lawyer is the only person who would be uniquely qualified to handle your case because there might be details that he would know that we woudlnt ( about the law as well as your case in particular). Do a consult with a lawyer., even if you dont end up hiring one to handle your whole case.
i think you mentioned something about your visas expiring right? visa overstay will be forgiven if you marry a US citizen, thats my understanding.
i think you mentioned something about your visas expiring right? visa overstay will be forgiven if you marry a US citizen, thats my understanding.
I don't think the lawyer is necessary. It looks like a straightforward case of a divorced man marrying a foreign woman. There is nothing unique about it, and a lawyer is not the only qualified person to help them out.
Just wait out whatever is required by state law, and get married and live happily ever after.
Just wait out whatever is required by state law, and get married and live happily ever after.
I don't see what is the immigration related issue here to be sincere...if you want to wait, then wait you don't need an advice from us about a civil matter, this is not an immigration matter.
And Atlanta Brother you should be more respectful about other's people stories. Her story is more than real believe me. As I always say, every case is different even it seems similar.
Anyway he is free to decide what he wants to do, regardless if he agree or not of what we said, anyway he was the one who ask not us.
And Atlanta Brother you should be more respectful about other's people stories. Her story is more than real believe me. As I always say, every case is different even it seems similar.
Anyway he is free to decide what he wants to do, regardless if he agree or not of what we said, anyway he was the one who ask not us.
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Atlanta_Brother
Registered Users (C)
Klik4it makes a valid point
I agree with Klik4it. Yes definitely have a word with an attorney since this will eventually become immigration matter. Lots of people here wouldn't understand this coz of lack of knowledge but there is no harm in calling an attorney and taking an advice. As far as who makes more sense thing is concerned......it's always good to get few people's opinion and put 2 and 2 together and come up with your own. There are lots of people on this forum who would give you sincere advices, so feel free to ask.
Last but not least, Klik4it you are absolutely right. Once you marry a US citizen, overstay is forgiven & is not an issue anymore.
I agree with Klik4it. Yes definitely have a word with an attorney since this will eventually become immigration matter. Lots of people here wouldn't understand this coz of lack of knowledge but there is no harm in calling an attorney and taking an advice. As far as who makes more sense thing is concerned......it's always good to get few people's opinion and put 2 and 2 together and come up with your own. There are lots of people on this forum who would give you sincere advices, so feel free to ask.
Last but not least, Klik4it you are absolutely right. Once you marry a US citizen, overstay is forgiven & is not an issue anymore.