Can a US citizen sponsor a spouse if his PR and citizenship was through previous marriage? 4 Answers as of August 01, 2011

Can a US citizen sponsor a spouse if his PR and Citizenship was through a previous marriage? Based on a 5 year clause. It says that she or he needs to wait for 5 year if the immigration status was gained from prior marriage to US or LPR. Does this rule apply to citizen who gained citizenship after 3 year as well? Or this is only for those who is still in LPR status?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
It all depends on the fact that both marriages were in good faith.
Answer Applies to: Nevada
Replied: 8/1/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
US citizenship is not considered an immigration status. Once you are a US citizen, you have all the rights of every other US citizen, including sponsoring a spouse for immigration. Unless there was something fraudulent in your original applications, such as, you did not have a good faith marriage, you have nothing to worry about.
Answer Applies to: Washington
Replied: 7/27/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
if you are a US citizen, the 5 year does not apply to you. Be mindful, though, CIS may carefully scrutinize your previous marriage when it reviews your current petition for your spouse.
Answer Applies to: California
Replied: 7/26/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You must wait the full five years!
Answer Applies to: California
Replied: 7/26/2011
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