Became USC based on 3 years,divorced after a year,re-marrying with foreigner
Sep 30th 2005, 1:56 pm
#1
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Became USC based on 3 years,divorced a year after got USC,re-marrying with foreigner
A friend became USC based on 3 years.
The wife wants to divorce after total 5 years of marriage (and after 1 year of him being USC); he is now considering to go back home and bring an old time girlfriend with whom they had a child years before he came to the US.
What problems should he foresee?
The wife wants to divorce after total 5 years of marriage (and after 1 year of him being USC); he is now considering to go back home and bring an old time girlfriend with whom they had a child years before he came to the US.
What problems should he foresee?
Last edited by Katikati; Sep 30th 2005 at 2:09 pm.
Sep 30th 2005, 2:31 pm
#2
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreigner
Originally Posted by Katikati
A friend became USC based on 3 years.
The wife wants to divorce after total 5 years of marriage (and after 1 year of him being USC); he is now considering to go back home and bring an old time girlfriend with whom they had a child years before he came to the US.
What problems should he foresee?
The wife wants to divorce after total 5 years of marriage (and after 1 year of him being USC); he is now considering to go back home and bring an old time girlfriend with whom they had a child years before he came to the US.
What problems should he foresee?
Well first off, same problem as the rest of as USCs face, having to go through the procedure to bring a non USC here. One aspect of how difficult that would be could depend on what country he's from originally.
Sep 30th 2005, 2:43 pm
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by Katikati
A friend became USC based on 3 years.
The wife wants to divorce after total 5 years of marriage (and after 1 year of him being USC); he is now considering to go back home and bring an old time girlfriend with whom they had a child years before he came to the US.
What problems should he foresee?
The wife wants to divorce after total 5 years of marriage (and after 1 year of him being USC); he is now considering to go back home and bring an old time girlfriend with whom they had a child years before he came to the US.
What problems should he foresee?
Have a look at the options here....
http://www.visajourney.com/faq/k1faq.htm
But, you might want to read what Uddall says here:
http://britishexpats.com/forum/showthread.php?t=328669
about naturalized USC's petitioning.
Sep 30th 2005, 2:52 pm
#4
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Thanks for the answers.
The reason he was asking was because one lawyer said they will have to review the original USC process (how he became USC) before they can approve for the person he wants to marry.
The reason he was asking was because one lawyer said they will have to review the original USC process (how he became USC) before they can approve for the person he wants to marry.
Sep 30th 2005, 2:58 pm
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by Katikati
Thanks for the answers.
The reason he was asking was because one lawyer said they will have to review the original USC process (how he became USC) before they can approve for the person he wants to marry.
The reason he was asking was because one lawyer said they will have to review the original USC process (how he became USC) before they can approve for the person he wants to marry.
Ah, now we have more info. Sounds like someone thought there would be a problem after all.
I would say,( not knowing or even if I did know not being qualified certainly), that he should make sure that whoever advises him legally is at the least an immigration attorney and preferably one who is a member of AILA.
Sep 30th 2005, 3:28 pm
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
So does anyone know whether what this lawyer said is true?
Sep 30th 2005, 3:31 pm
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by Katikati
So does anyone know whether what this lawyer said is true?
We don't know all the facts, so we can't say. Cue-Dragnet theme.... Also with the exception of the lawyers on here, we SHOULDN'T say. How many lawyers is he talking to?
Sep 30th 2005, 3:32 pm
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by cindyabs
Ah, now we have more info. Sounds like someone thought there would be a problem after all.
I would say,( not knowing or even if I did know not being qualified certainly), that he should make sure that whoever advises him legally is at the least an immigration attorney and preferably one who is a member of AILA.
I would say,( not knowing or even if I did know not being qualified certainly), that he should make sure that whoever advises him legally is at the least an immigration attorney and preferably one who is a member of AILA.
http://britishexpats.com/forum/showthread.php?t=322828
Sep 30th 2005, 6:52 pm
#9
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by Katikati
Thanks for the answers.
The reason he was asking was because one lawyer said they will have to review the original USC process (how he became USC) before they can approve for the person he wants to marry.
The reason he was asking was because one lawyer said they will have to review the original USC process (how he became USC) before they can approve for the person he wants to marry.
The can review how the USC became a USC. I just received a published opinion TODAY from the 9th Circuit Court of Appeals where that is exactly what happened -- albeit in a somewhat different context.
Sep 30th 2005, 8:15 pm
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Folinskyinla,
Thanks for the advice.
What was the difference in context? Is it standard to review how one became USC in a case like this, or is it more of the exception? What are ways to avoid problems with such a review?
=============
Thanks for the advice.
What was the difference in context? Is it standard to review how one became USC in a case like this, or is it more of the exception? What are ways to avoid problems with such a review?
=============
Originally Posted by Folinskyinla
Hi:
The can review how the USC became a USC. I just received a published opinion TODAY from the 9th Circuit Court of Appeals where that is exactly what happened -- albeit in a somewhat different context.
The can review how the USC became a USC. I just received a published opinion TODAY from the 9th Circuit Court of Appeals where that is exactly what happened -- albeit in a somewhat different context.
Sep 30th 2005, 8:16 pm
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by CaliforniaBride
But, you might want to read what Uddall says here:
http://britishexpats.com/forum/showthread.php?t=328669
about naturalized USC's petitioning.
"The first amendment would prohibit any person convicted of domestic violence, sexual assault, stalking, trafficking, elder abuse, or dating violence from sponsoring a visa applicant in the future".
From that language, I assume it would apply to an LPR who committed one of these bad acts.
As a side issue, I also mentioned how the CIS has been running petitioner’s names through IBIS for a while now anyway, and mentioned my initial question as to why they might run a USC's name through IBIS.
I don’t mind you posting a link to one of my posts, but please don’t try to paraphrase or summarize the content (when you attach my name to your conclusion). Thanks.
Sep 30th 2005, 8:31 pm
#12
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Udall,
So for someone who has none of these criminal records, would USCIS open up the petitioner's citizenship acquisition process or is that irrelevant?
On the face of it, in my view, once USC, it shouldnt matter how one became one, but one lawyer said that thats ALMOST ALWAYS re-opened when one tries to apply for a future spouse.
Is that true, to the best of the knowledge of anyone in the know?
=============
So for someone who has none of these criminal records, would USCIS open up the petitioner's citizenship acquisition process or is that irrelevant?
On the face of it, in my view, once USC, it shouldnt matter how one became one, but one lawyer said that thats ALMOST ALWAYS re-opened when one tries to apply for a future spouse.
Is that true, to the best of the knowledge of anyone in the know?
=============
Originally Posted by Matthew Udall
You misunderstood. What I posted yesterday was not about "naturalized" USC's petitioning. It was about something the House passed that might effect any given person.
"The first amendment would prohibit any person convicted of domestic violence, sexual assault, stalking, trafficking, elder abuse, or dating violence from sponsoring a visa applicant in the future".
From that language, I assume it would apply to an LPR who committed one of these bad acts.
As a side issue, I also mentioned how the CIS has been running petitioner’s names through IBIS for a while now anyway, and mentioned my initial question as to why they might run a USC's name through IBIS.
I don’t mind you posting a link to one of my posts, but please don’t try to paraphrase or summarize the content (when you attach my name to your conclusion). Thanks.
"The first amendment would prohibit any person convicted of domestic violence, sexual assault, stalking, trafficking, elder abuse, or dating violence from sponsoring a visa applicant in the future".
From that language, I assume it would apply to an LPR who committed one of these bad acts.
As a side issue, I also mentioned how the CIS has been running petitioner’s names through IBIS for a while now anyway, and mentioned my initial question as to why they might run a USC's name through IBIS.
I don’t mind you posting a link to one of my posts, but please don’t try to paraphrase or summarize the content (when you attach my name to your conclusion). Thanks.
Sep 30th 2005, 9:21 pm
#13
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by Katikati
Folinskyinla,
Thanks for the advice.
What was the difference in context? Is it standard to review how one became USC in a case like this, or is it more of the exception? What are ways to avoid problems with such a review?
=============
Thanks for the advice.
What was the difference in context? Is it standard to review how one became USC in a case like this, or is it more of the exception? What are ways to avoid problems with such a review?
=============
Go to www.ca9.uscourts.gov, drill down to "opinions" via the buttom on the left and then to Bona v Gonzales decided on September 30, 2005.
Read case.
The answer to your question will then be obvious.
Sep 30th 2005, 9:41 pm
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Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Folinskyinla,
With all due respect, this case is totally different from the facts presented above regarding the OP's friend, whose facts are:
1.Was married to USC;
2.Became USC via 3 year rule, having been married for 5 years after which divorced;
3.Wants to remarry old GF with whom had child earlier.
Thats all.
The question here is:
When a person who became USC by virtue of previous marriage to another USC tries to remarry and do AOS for some future spouse, is this looked at any differently as would a born USC trying to do the same?
The case you referenced of Bona v Gonzales has aspects of removability, fraud in the visa process (the guy acquired a visa while declaring he was umarried, yet he was married).
Please clarify how these 2 situations can be looked at side by side.
As an aside, why did the US govt not try to strip these kids of citizenship? I thought if someone is stripped of citizenship and they had passed on citizenship to others, those other people also lose citizenship if the original person is losing citizenship?
=================================
With all due respect, this case is totally different from the facts presented above regarding the OP's friend, whose facts are:
1.Was married to USC;
2.Became USC via 3 year rule, having been married for 5 years after which divorced;
3.Wants to remarry old GF with whom had child earlier.
Thats all.
The question here is:
When a person who became USC by virtue of previous marriage to another USC tries to remarry and do AOS for some future spouse, is this looked at any differently as would a born USC trying to do the same?
The case you referenced of Bona v Gonzales has aspects of removability, fraud in the visa process (the guy acquired a visa while declaring he was umarried, yet he was married).
Please clarify how these 2 situations can be looked at side by side.
As an aside, why did the US govt not try to strip these kids of citizenship? I thought if someone is stripped of citizenship and they had passed on citizenship to others, those other people also lose citizenship if the original person is losing citizenship?
=================================
Originally Posted by Folinskyinla
Hi:
Go to www.ca9.uscourts.gov, drill down to "opinions" via the buttom on the left and then to Bona v Gonzales decided on September 30, 2005.
Read case.
The answer to your question will then be obvious.
Go to www.ca9.uscourts.gov, drill down to "opinions" via the buttom on the left and then to Bona v Gonzales decided on September 30, 2005.
Read case.
The answer to your question will then be obvious.
Last edited by marasmus; Sep 30th 2005 at 9:59 pm.
Oct 1st 2005, 2:43 am
#15
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Posts: 51
Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreigner
One more note: you mentioned that he has been married for 5 years, has it been more than 5 year since he got LPR status?
Instructions to I-130 (http://uscis.gov/graphics/formsfee/f...iles/i-130.pdf) specifically state that you may NOT file for
"
....
E. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a United States citizen or lawful permanent resident, unless:
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; or
3) Your prior marriage through which you gained your
immigrant status was terminated by the death of your
former spouse. "
Unless, he really wants to pursue option #2 (any desire to compile all the evidence one more time?), I'd wait to ensure that #1 applies. Also, you may note that I-130 specifically has a box on whether petitioner obtained perm. residency through marriage. I have no personal knowledge, but I would not be surprised if questions come up at interview, especially because he is going to apply for his former girl-friend....
Instructions to I-130 (http://uscis.gov/graphics/formsfee/f...iles/i-130.pdf) specifically state that you may NOT file for
"
....
E. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a United States citizen or lawful permanent resident, unless:
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; or
3) Your prior marriage through which you gained your
immigrant status was terminated by the death of your
former spouse. "
Unless, he really wants to pursue option #2 (any desire to compile all the evidence one more time?), I'd wait to ensure that #1 applies. Also, you may note that I-130 specifically has a box on whether petitioner obtained perm. residency through marriage. I have no personal knowledge, but I would not be surprised if questions come up at interview, especially because he is going to apply for his former girl-friend....