If my fiance just became a US citizen, can I apply for a green card right away or do I have to wait? 10 Answers as of April 09, 2014

My fiance became a citizen of the US a few months ago. Also he is still under the divorce process with his ex wife. I am currently doing my masters degree on F-1 visa. Will I be able to apply for green card right away after his divorce is approved? Or do I need to wait some time after he gets his citizenship? Also, will the fact that he divorced after receiving citizenship affect the decision about my green card?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
As soon as he is legally married, he can marry you and petition you for a green card on the basis of marriage.
Answer Applies to: California
Replied: 4/9/2014
Law Offices of Linda Rose Fessler | Linda Fessler
Yes it could effect you if they think that his first marriage was a sham just to get citizenship, which it probably was. Also, if your F-1 visa runs out, you have to go home and he can apply for a fiance visa. If you obtain it, then you can come back into the country and marry him. Be very careful, if he married to get his citizenship, he will not think twice about dumping you and getting you kicked out of the country if you displease him.
Answer Applies to: California
Replied: 4/2/2014
Pius Joseph A Professional Law Corp. | Pius Joseph
You will have to wait till he receives a divorce. That being said if divorce is going to take long he can file for a dissolution of "status" only so that he may enter into the marriage with you. The fact that he is divorcing his wife is irrelevant since he is a citizen and can apply for you so long as you are entering into a good faith marriage.
Answer Applies to: California
Replied: 4/1/2014
Coane and Associates
Coane and Associates | Bruce Coane
A married man cannot sponsor a fiance for immigration purposes. Once he's divorced, he can marry a person who is on an F-1 and then file with immigration.
Answer Applies to: Texas
Replied: 4/1/2014
Baughman & Wang
Baughman & Wang | Justin X. Wang
No need to wait. can petition you once you marry him.
Answer Applies to: California
Replied: 4/1/2014
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    As soon as your fiance becomes a US citizen and you have been legally married, he may petition for you and you may apply for adjustment of status (green card) immediately. There is no legal requirement that you must wait a certain period of time before you can file the petition and application. Your fiance's divorce after receiving citizenship should not affect your green card process, unless he committed immigration fraud to receive his status.
    Answer Applies to: Texas
    Replied: 4/1/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You will first need to be married before you can file for a green card. You may marry as soon after his divorce as the well in the state where the divorce occurred allows. Once you are married, you can begin the green card process. His divorce could impact your case if USCIS suspects he committed marriage fraud to obtain immigration status.
    Answer Applies to: New York
    Replied: 4/1/2014
    Herrera & Juelle LLP | Carlos Juelle
    You have to wait until his divorce is final and you are legally married to him, before he can apply for you. However, if he obtained his residency and/or naturalization through marriage, expect that USCIS will ask some hard questions about his divorce and subsequent re-marriage to you.
    Answer Applies to: California
    Replied: 4/1/2014
    Rivas-Rivera Law Offices
    Rivas-Rivera Law Offices | Juan Ramon Rivas-Rivera
    Before he can petition for you, he needs to finalize his divorce and marry you. Then, you will have to demonstrate that your marriage is bona fide, for real. You will need to gather enough evidence as possible to meet that requirement by the time your interview is scheduled. We help our clients meet that criteria with proper and timely advise and guidance as to what documents are necessary.
    Answer Applies to: Texas
    Replied: 4/1/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You should apply for your green card after getting married (only after the divorce is finalized). Don't file however until after your spouse becomes a US citizen. And do not travel during this time as well.
    Answer Applies to: California
    Replied: 4/1/2014
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