Can someone who got citizenship through marriage get a divorce? 7 Answers as of January 17, 2011

I have a friend that just got his citizenship through marriage and is going to ask for a divorce. He wants to marry an illegal citizen and start a new life with her while being able to apply for her greencard. I wanted to know if he is able to divorce his current wife, marry the other woman, and apply for her papers. Please let me know as soon as you can.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Yes, he can petition for her. But if it is within five years of him getting his green card he needs to be ready to show that the marriage is legitimate.
Answer Applies to: Florida
Replied: 1/17/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Are you sure he got citizenship through marriage or did he get permanent residency through marriage. If only PR, then does he have a 2 year or 10 year green card? There shouldn't be a problem getting a divorce but whether he will have immigration consequences from this action need to be first discussed with an immigration attorney.

We do charge for consultations and you can schedule one by calling my office below to select a convenient time and date. $350 per hour is the consultation fee; but whatever you pay for the consultation would then be a credit toward the fees for your case if you retain us to do work beyond the consultation.
Answer Applies to: California
Replied: 1/10/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes, he may be able to do that.
Answer Applies to: Florida
Replied: 1/8/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
The short answer is yes. The long answer is that there will always be questions about his prior marriage so he must be prepared to answer questions about that marriage if and when he seeks to file a petition for his new spouse.
Answer Applies to: Virginia
Replied: 1/7/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
The answer is, yes, to all three questions, but in regard to the last one, he could attempt to petition for his new wife but if she's an illegal, there would likely be no way to adjust her status from illegal to legal absent a general amnesty covering her situation issued by the government of the United States.
Answer Applies to: Virginia
Replied: 1/7/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Yes, he can. However, he has to be very cautious because his new relationship will be under very close examination by USCIS. He should not file his paper on his own because he bears the burden to prove his relationship, which requires very persuasive argument. It is our advice to hire a professional to assist him in order to avoid problems.
    Answer Applies to: Florida
    Replied: 1/6/2011
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    Yes he can. He may have to wait for a few years, but he will be able to.
    Answer Applies to: California
    Replied: 1/6/2011
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