How long do I actually need to wait to file a I-130 for my new spouse after I got divorced from my previous marriage? 6 Answers as of August 11, 2011I am a US Citizen through previous marriage with a US Citizen that lasted for 4 years. I was married in June 2006 and divorced May 2010. I became citizen on 2010. My divorce was already finalized last year. Now we are planning to marry and she is overseas. I am planning to marry her this year. But I noticed I-130 instructions under who may not file: A husband or wife if you gained Green card by virtue of a prior marriage to US citizen or lawful resident unless: A. a period of 5 years elapsed since you became lawful resident. OR B. you can establish by clear evidence that the prior marriage through which you gained your OR immigration status was not entered into the purpose of evading any provision of the immigration law. My previous marriage was totally on a good faith. No doubt about it. My question is:1. Do I have to wait 5 years even though I am a US citizen? Or is this only for that who is filing based on permanent resident through prior marriage to a US citizen? 2. If I don't need to wait do I have to submit the proof of my previous marriages documentations again with this once under the above mentioned CLAUSE (B) OR 3. Is it better for to me wait till it becomes 5 years from the time I received LPR even though I am citizen to avoid all those unnecessary headache about my previous marriage OR4. It doesn't matter they can ask about my previous marriage proof again if I applied before or after 5 years since originally had LPR Your honest answer will be greatly appreciated.
Fong & Associates | William D. Fong
If you got your permanent residence through marriage, divorce and petition for another spouse within 2 years, the subsequent marriage is presumed to be fraudulent. You should have ample evidence of the bona fides of the first marriage to include evidence of cohabitation and co-mingling of funds.
Answer Applies to: Texas
Calderón Seguin PLC | Ofelia L. Calderon
If your marriage was a bona fide one, then I dont think you need to worry about this. You can simply file and then provide the evidence at the time of the interview. Obviously, there is always some risk involved so I think you need to be very confident in your evidence and perhaps even pay a consult fee to have an attorney evaluate your situation.
Answer Applies to: Virginia
Law Office of Immigration & International Trade Law | Linda Liang
You don't need to wait long but you need to meet the burden to prove your current marriage is in good faith, which is not as simple as you think. You should retain a lawyer's help to avoid denial.
Answer Applies to: Florida