How long do I have to wait before I can file for my spouse? 3 Answers as of June 14, 2011I am a green card holder through previous marriage that lasted 8 years, Filed for divorce in 2010 after my I-360 approval & before I get approved for green card through interview. Now, I got approved few months ago, how long do I have to wait before marrying & filing for my future spouse who is overseas? I-130 instructions Under Who may not file: 5 - 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. B- you can establish by clear evidence that the prior marriage through which you gained your immigration status was not entered into the purpose of evading any provision of the immigration law. So, do I have to wait 5 years or file based on Section B?
Oltarsh and Associates, PC | Jennifer Oltarsh
Section B would be the route. Call me for assistance I have been in practice in the immigration field for more than 40 years. I have handled cases with experience, integrity, and good effect. Please call me to discuss your case. The assigned number for your free case evaluation: 0613d. We offer payment plans with no interest.
Answer Applies to: New York
Baughman & Wang | Justin X. Wang
You do not need to wait for five years. You can file for your spouse right now. The five year restriction applies to cases where you apply for your previous spouse if your green card is based on marriage to a US citizen. Besides, your green card is based on I-360 so the 5 year wait would not apply anyway.
Answer Applies to: California