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  • Suspect????

    If one has just been naturalized by being married to the same US citizen for 8 years (3.5 years with GC). How long do they have to wait before they can marry a foreigner and apply for a K3? Is it advisable to file for a K1 so not to create "suspicion with the INS. The union between the naturalized citizen and the foreigner is 100% genuine, they are even expecting a child together in a month. Would the INS deny a K3/K1 petition if the petitioner was naturalized, divorced, married and filed for a K3/K1 all in the space of 2 to 3 months?

  • #2
    If one has just been naturalized by being married to the same US citizen for 8 years (3.5 years with GC). How long do they have to wait before they can marry a foreigner and apply for a K3? Is it advisable to file for a K1 so not to create "suspicion with the INS. The union between the naturalized citizen and the foreigner is 100% genuine, they are even expecting a child together in a month. Would the INS deny a K3/K1 petition if the petitioner was naturalized, divorced, married and filed for a K3/K1 all in the space of 2 to 3 months?

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    • #3
      I think it's five years since you get a GC through marriage. It is actually indicated on I-130.

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      • #4
        No, it's 2 years and 9 months from the time the spouse obtained permanent resident status. But what does this have to do with simpleton's question?

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        • #5
          Oh - thanks JD. I guess I misinterpreted the question. When Lucy said "GC through marriage", that lead me to believe she was referring to the naturalization since how one obtains permanent resident status has no bearing on the 5-year wait. But, admittedly, the reference to I-130 should have tipped me off. Sorry Lucy.

          JD, what is your reference to 3 years marriage and 3 years PR? Where are you coming up with 6 years as a requirement?

          Here's what the I-130 says (note the word "or" at the end of the #1):

          "1) a period of five years has elapsed since you became a lawful permanent resident; or

          2) you can establish by clear and covincing evidence that the prior marriage (through which you gained your immigrant status) was not entered into for the purpose of evading any provision of the immigration laws;"

          The word "or" suggests to me that it can be less than 5 years if the marriage was entered into in good faith.

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          • #6
            Confusing!!! Can you guys recomend a good attorney?

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            • #7
              Click on "find a lawyer" on the left-hand side of this page.
              Have a nice day

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              • #8
                thanks Glu

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                • #9
                  """Before getting fully divorced, dont get child with future K1/K3 beneficiary,because you may fall in an alimony situation because your extra marital affair will be cited as the reason the marriage failed.""""

                  Too late for this option jdoe. the baby is due anytime now?

                  PS' does having a child with the beneficiary have any bearing on the K1/K3 petition? this is ofcourse when the petitioner is the biological parent.

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                  • #10
                    JohnDoe:

                    I am reeally confused. Your post on this thread seems to contradict posts mad elsewhere on this board.

                    I thiNk I remember that you claimed to me that if a marriage failed it is not necessarily marriage uad, in fact I just found your post "Only tricky thing for Swissnut is that if the couple lived together and suddenly they dont live together any more or cant see eye to eye, there has to be a reason for this happening. Why is it that USC takes 0% of the blame and alien is taking 100% and the reason given is that they entered into unilateral marriage fraud?"

                    Well, here is another case, where the alien has already passed the naturalization stage - is fully entiteld as a USC citizen, and therefore has acquired the right to petition on behalf of his/her new fiance, and the GC for that new fiance would, according to Immigration law be awarded to the alien fiance FOR the USC spouse so tha they may marry and live in the USA>

                    Well, you are now waying that if USC spouse (originally an alien thru marriage to another USC - but now fully naturalized) files a fiance K-1/K-3 petition on behalf of another alien, within a short time line would appear to BCIS as "fishy". But you stated in your post to me that if a marraige falls apart, why should it be the alien's fault 100% and why should it be considered a case of fraud?

                    Can you clear up my misunderstanding? These statements do seem to be contradictory. commiting

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