How long should I wait to file for my spouse for citizenship? 3 Answers as of August 01, 2011
I am a US Citizen through previous marriage with a US Citizen that lasted for 4 years. I was married in Aug 2006 and divorced May 2010. I became citizen on March 2010. I met a girl after all my divorce was finalized. 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: 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. 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. So, do I have to wait 5 years even though I am a US citizen? Or is this only for that whiz is filing based on permanent resident through prior marriage to a US citizen?
Eric M. Mark, Attorney at Law
| Eric Mark
You are a citizen, not a resident. However, the validity of both marriages will be heavily scrutinized by USCIS and DOS. You need a lawyer to help you through this process.
Answer Applies to: New Jersey
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