Wife recently divorced. Can she sponsor my GC?

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catchmeifucan

Registered Users (C)
My wife became a citizen through her previous marriage and recently divorced (ex cheated on her). I am on work visa from last 6 years and I was never out of status. We got married recently. Can she sponsor my GC?

Here is her timeline.

GC - Oct 2007
USC- Oct 2010
Divorce - Aug 2011
Marriage - Dec 2011.

THX
 
catchmeifucan said:
My wife became a citizen through her previous marriage and recently divorced (ex cheated on her). I am on work visa from last 6 years and I was never out of status. We got married recently. Can she sponsor my GC?

Here is her timeline.

GC - Oct 2007
USC- Oct 2010
Divorce - Aug 2011
Marriage - Dec 2011.

THX
Click to expand...

There is heightened burden of proof involved in this situation.

See: http://www.justice.gov/eoir/vll/intdec/vol19/3100.pdf
 
We are expecting a baby in Nov 2012. I guess this is more than a joint bank account as evidence.

Also, the case 3100 says, the elapsed time after GC should be 5 years. By Oct 2012, the date will complete 5 years.

Am I still taking huge risk with USCIS or just wait until my employer completes the GC process. This could take another 10 years.
 
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catchmeifucan said:
My wife became a citizen through her previous marriage and recently divorced (ex cheated on her). I am on work visa from last 6 years and I was never out of status. We got married recently. Can she sponsor my GC?

Here is her timeline.

GC - Oct 2007
USC- Oct 2010
Divorce - Aug 2011
Marriage - Dec 2011.
Click to expand...

Did she obtain her GC through marriage, or was the GC obtained through another route before applying for citizenship based on marriage?

When did she get separated? When did she file for divorce? Did you meet her before she got the green card, or is there evidence to make USCIS suspect that you might have known each other before the green card (e.g. you are both from the same town overseas, or you attended the same US university)? Did her relationship with you start before she became a US citizen? Her ability to sponsor you and/or her own citizenship may be in jeopardy depending on when things happened.
 
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