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Sammy please help

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  • Sammy please help

    I found this info at a website called visalaw.com.
    "Lawful permanent residents who obtained their status through marriage as a spouse of a US citizen or permanent resident are precluded for a period of five years from getting approval for second-preference visa petition filed for a new spouse. The bar does not apply if the petition can show by "clear and convincing" evidence that the relevant earlier marriage was not entered into for purposes of getting a green card. It also does not apply if the first spouse died."
    I would like to know if this is really a law?
    Whta happens if a person got divorced and wants to remarry a different person?

  • #2
    I found this info at a website called visalaw.com.
    "Lawful permanent residents who obtained their status through marriage as a spouse of a US citizen or permanent resident are precluded for a period of five years from getting approval for second-preference visa petition filed for a new spouse. The bar does not apply if the petition can show by "clear and convincing" evidence that the relevant earlier marriage was not entered into for purposes of getting a green card. It also does not apply if the first spouse died."
    I would like to know if this is really a law?
    Whta happens if a person got divorced and wants to remarry a different person?

    Comment


    • #3
      TO: HELP

      You have read completely damn right that if you have obtained the p.residency thru marrying with a u.s.citizen, then you can not petition for another spouse until 5 yrs passed by after becoming a p.resident or unless you become a u.s.citizen.This law is made to lower down or stop the immigration frauds because lots of people do marry to a u.s.citizen just for a green card only, and once they were given a green card, they divorced the one thru whom they received the green card and go their home country to marry someone or their love ones over there. Basically, their marriage with a u.s. citizen is just for their own self-serving reason to manipulate our immigration laws so that they can live here.

      However, you are still allowed to petition your new spouse before 5ys passed by after yr residency or prior to becoming a u.s.citizen, then it would be very tough case because then you need to prove the validity and legitimacy of two marriages instead of one, i mean the both the current one and the previous one thru you obtained yr p.residency, and INS will scutinize your case at this situation. Your previous case would open again for serious investigation even though they have given you a green card on that one.It is the INS's position that yr previous marriage was just for the purpose of obtaining a green card and now they wanted you to prove both marriages with the criteria of "BEYOND THE REASONABLE DOUBT". Unless you are sure that you would not face any problem and you can able to prove the legitimacy of both marriages 'beyond the resonable doubt' evidences, then you can go ahead and petition for another one, but if i were you, i won't even think to do that at this time instead just wait until i become a u.s. citizen or let 5yr passed by. In addition, i do not understand that why do you wanna wake up the INS in yr case specifically when INS knew that 85% of marriage cases filed with them are fraud.

      Once a p.residency is granted, you can divorce the person thru whom you received green card and you would not loose your p.residency as long as you have a p.residency insteads of temp.one. You can marry to another person right away after getting divorce but could not able able to file a petition until other criterias are made which i have explained to you earlier. Take a note that our immigration law is not stoping you to marry another one, instead it is just stoping you from petition only for another one. I hope that i have answered your request.

      Comment


      • #4
        Thanks sammy.

        Comment

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