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Thread: Form I-130:Does it mean USC cannot petition for someone else?

  1. #1
    Please see http://uscis.gov/graphics/formsfee/f...iles/i-130.pdf and look at note 3.E on page 1.

    Does it mean that if one becomes USC, they have to wait for 5 years until after they acquired LPR before they can petition for new immigrant?

    Anyone ever seen this being implemented? It would appear this would only arise if LPR got USC with the 3 year period coz of ex-USC spouse.

  2. #2
    Please see http://uscis.gov/graphics/formsfee/f...iles/i-130.pdf and look at note 3.E on page 1.

    Does it mean that if one becomes USC, they have to wait for 5 years until after they acquired LPR before they can petition for new immigrant?

    Anyone ever seen this being implemented? It would appear this would only arise if LPR got USC with the 3 year period coz of ex-USC spouse.

  3. #3
    As I interpret it, an LPR can petition for a new husband or wife, IF 5 years have elapsed since the awarding of permanent residency, OR if he or she can prove that the intial marriage, through which LPR status was achieved, was not entered into solely to gain residency.

  4. #4
    Thanks Swissnut, but how can the USC prove that "the intial marriage, through which LPR status was achieved, was not entered into solely to gain residency"?

  5. #5
    Wouldn't that be about the same as proving a marriage is bonafide in other situations? Provide things such as proof of intermingled lives, both names on rent receipts, bank accts., life ins. policies, etc. Affidavits from friends and/or relatives attesting to the "realness" of the relationship, etc?

  6. #6
    Is that like long after the marriage has ended the new USC needs to be keeping historical bills and stuff long after new USC divorced first spouse?

  7. #7
    Surely, if the initial marriage prevails past adjudication of I751, then the Permanent Green Card awarded by USCIS on the basis of a current and ongoing marriage to USC would suffice.

    However, in the event that the first marriage to the USC does not last until I751 adjudication, and a waiver is required to gain the Green Card, perhaps IF the LPR does not have compelling evidence to support bona fide marriage in the first place, LPR should then wait until the 5 years has elapsed, before petitioning for a new alien wife or husband.

    I am speculating here. Perhaps this is simply a case of which party must prove his or her case. In this situation, the party must be able to prove bona fide first marriage, whereas in order to receive waiver, USCIS must prove that it was not?

  8. #8
    I see duplication of efforts here by USCIS coz if one gets CPR, goes through I751 and becomes USC within 3 years then divorces, does it mean one will have to start sending in evidences of first marriage once more, when now as new USC they want to marry someone else?

    Is that not in effect USCIS saying that they are not sure they did their job correct in scrutinizing first marriage by which the now new USC became LPR?

  9. #9
    No, I don't read it that way. I think the key word in Section 3 is "LPR". My opinion is that the only time an LPR would have to prove bona fide intent to USCIS is if he or she was petitioning on behalf of a new spouse, prior to becoming a USC, but after receiving residency through a prior marriage which had ended prior to adjudication.

  10. #10
    Swissnut,
    Your explanation makes sense, but that statement on the I130 is very ambiguous.

    If your explanation is right, then it means after one becomes USC, USCIS wont go back to scrutinize how the LPR was gained because that would be kind of saying that USCIS does not trust the process by which the USC became USC.

    It also means that after one becomes USC and has finalized divorced, one qualifies to petition for another person, if they now want to marry from non-US.

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