There are laws guiding lawful permanent residents applying to adjust status or sponsor a new spouse. If the marriage through which you obtained permanent residence has ended and you want to marry another. The green card holder spouse needs to wait at least five years before petitioning after they got their green card.
If you or a family member is going through any kind of immigration process, we recommend working with an experienced immigration attorney. With the guidance of a good immigration lawyer, there are fewer chances that you’ll make mistakes in the green card application.
This article will be answering frequently asked questions about a visa petition for a green card for your second marriage which must be a bona fide one as an LPR divorcee.
Can a Divorced Green Card Holder Remarry?
Couple divorces are common and expected as not many who get married don’t always remain married; the USCIS understands the need and desire of a divorced individual to remarry and that is why the five year rule is in place to provide support for any of the spouses.
Thus, a divorced green card holder can remarry a foreign national or U.S. citizen if they fall in love again.
However, when it comes to immigration purposes, the lawful permanent resident citizen has to follow the guidelines stipulated by the United States Citizenship and Immigration Services law for such a relationship. These rules are set to reassure the immigration officer that the first marriage was valid and not for immigration benefits.
How Soon Can a Green Card Holder Remarry?
A conditional permanent resident citizen who obtained a green card through marriage support and got separated can remarry anytime they want. However, if they want to file a green card petition for their immigrant spouse, their green card must be at least five years old.
If they don’t wait the required five years before remarrying a foreigner, they should expect an RFE or NOID. Only couples whose marriage ended with a spouse’s death don’t have to wait five years before remarrying or filing a petition.
The United States Immigration Services will issue a Notice of Intent to Deny or Request for Further Evidence to prove the prior marriage was bona fide through photographs or text messages.
Then, they’ll need to submit clear and convincing evidence that their marriage relationship with their ex-spouse was real for the Immigration Services to review.
How Can Divorce Affect Your Green Card Status?
The immigration standing of most green card holders isn’t affected by divorce; green card renewal after divorce isn’t eventful. However, if you got your marriage green card through your first marriage, a divorce or annulment can be a problem.
Marriage green cards often have a two-year expiration date, which is enough time for the USCIS to evaluate their validity. It becomes a problem if the divorce makes the USCIS doubt that the marriage was genuine; you can still renew, but with additional evidence.
How Significant Is a Green Card After a Divorce?
Getting divorced after your green card has been approved is very significant; you will file Form I-751. You’ll also be required to file a waiver to the joint filing requirement while continuing to prove that your marriage was in good faith.
Divorce can also affect the naturalization process; even if you qualify, the divorce gives the USCIS a reason to re-investigate your file. However, if you already got the green card before the divorce, it may or may not affect your U.S. citizenship application.
I Obtained My Green Card Through Marriage and Got Divorced: Can I Now Sponsor a New Spouse?
If you have a marriage-based green card and your marriage ended, you can sponsor a new spouse. However, you may want to wait at least a year before you start the process or it’ll be a difficult ride.
The immigration law wants conditional green card holders who got divorced and remarried to wait five years minimum before sponsoring his or her new spouse. If they can’t wait, then they should get ready for thorough scrutiny, which means waiting for the five-year waiting period if it ends unfavorably.
What Happens to the New Foreign National Spouse without Legal Status?
If you’re a foreigner living in the US without legal documentation, you could be placed in deportation proceedings for immigration fraud. Additionally, the immigration officer will doubt your husband’s previous marriage and even conclude that it was fake, which isn’t good.
If you choose to not wait for the five-year period, then your spouse should do their best to satisfy the requirements. They should also prepare for interview questions beyond those matters he dealt with in the former marriage.
What Are Some Common Remarriage Green Card Situations?
Three situations stand out among the rest when it comes to remarriage green card circumstances:
- A U.S. citizen petitions for permanent residence for an immigrant spouse, gets divorced, remarries, and then petitions for a new immigrant spouse.
- A U.S. citizen spouse petitions for a former spouse, an immigrant, and gets divorced. Then, the immigrant spouse (now an LPR) remarries, and petitions for a new immigrant spouse.
- A spouse petitions for an immigrant spouse, gets divorced, the immigrant spouse citizen remarries a U.S. citizen and the latter petitions for them and also institutes a suit to separate joint bank accounts.
How Easy Is It to Sponsor a Second Spouse?
Sponsoring a second spouse can be hard or straightforward, depending on whether or not you follow the immigration laws (that is, the five-year waiting rule). The United States Citizenship and Immigration Services and state department are somewhat stingy with the lawful permanent resident status, so expect extra scrutiny.
Another important factor is what happened with or to your first spouse; it is easier if they are no longer in the U.S.
Hire Herman Legal Group to Help with Your Green Card Processing
At one point, you may have to sponsor a new spouse for the green card process. To do this, you will need as much support as you can get from an experienced immigration law firm. At that point, you should look no further than Herman Legal Group because of the many years of experience we have working with several spouses within and outside the United States.
If you want to start the process of sponsoring a second spouse, you can schedule a consultation with us today by calling +1-800-808-4013 or +1-216-696-6170.
Alternatively, you can decide to schedule a consultation with Richard Herman – a seasoned and celebrated immigration lawyer by booking online.
If you gained permanent residence through marriage, got divorced, and want to remarry (or have remarried. Sponsoring a new spouse can be a tough process, which is why we recommend going through a good law firm.
Going through a divorce is tough, but that doesn’t stop the government agency from putting second marriages under the microscope. You will generally need to provide more evidence than you did the first time.