Became USC based on 3 years,divorced after a year,re-marrying with foreigner
Oct 1st 2005, 3:47 am
#16
Shocked of Redmond
Joined: Feb 2005
Location: Redmond, WA
Posts: 3,446
Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by jemavalon
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....
This isn't entirely clear to me: the first section (Big 2) states for whom you may file, and then lists the separate options for a USC and an LPR. One reading of the second section (Big 3) could be taken to read that 3(E) applies to LPRs only: The preamble to 3(E) talks about "if you gained lawful permanent resident status" blah, blah, blah. Then subsections 1, 2 and 3 talk about being an LPR, having immigrant status, and having immigrant status respectively.
My initial reading between the lines of this form make me think that this section applies to LPRs only, not USCs, i.e. the provisions relating to spouses of LPRs are no longer applicable once citizenship has been obtained.
As I say, though, you could probably convince me the other way as well. If I was in this position, I'd be a little nervous unless I could see case law as a precedent...
Last edited by nettlebed; Oct 1st 2005 at 3:59 am.
Oct 1st 2005, 9:54 am
#17
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by marasmus
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?
=================================
What ever. No two cases are exactly the same. I agree that Bona differs quite a bit due to the fact of the long military service of the petitioner.
I understood the OP's question as to relate to a situation where there is an indicia of fraud in the petitioner's immigration [even if there is a subsequent naturalization], can that affect the case? Yes it can. That was the only point that I intended to make.
Oct 1st 2005, 9:57 am
#18
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
Originally Posted by jemavalon
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....
This provision of the law applies ONLY to petitions by LPR petitioners. Given the backlogs these days in FB-2A, it is pretty much dead letter as a practical matter.
Oct 1st 2005, 7:09 pm
#19
CA to TX to Jamaica
Joined: Jun 2003
Location: Location, Location.
Posts: 4,887
Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
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.
My apologies but I think you misunderstood the meaning of my post. I was referring to the part of the post quoted below. An extraction in it's entirety not intended to paraphase or summarise.
"As most of you know, a petitioner’s name is run through an IBIS check when a petition is submitted. When IBIS first came out, I initially wondered why they would run the names of U.S. citizen petitioners as I couldn’t imagine any crime a petitioner might have committed that would make them ineligible to petition for someone; but then I realized that some U.S. citizens were not born in the U.S. and instead immigrated and then naturalized. If they have a criminal record, the CIS might very well examine their old application for naturalization to see if this was divulged on that form."
Oct 1st 2005, 8:53 pm
#20
BE Enthusiast
Joined: Feb 2005
Posts: 863
Re: Became USC based on 3 years,divorced a year after got USC,re-marrying with foreig
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.
Interagency Border Inspection System (IBIS), is a database that contains criminal information and immigration histories provided by USCIS, the FBI, the U.S. Customs Service and other federal agencies. Can you address the comment "as I couldn’t imagine any crime a petitioner might have committed that would make them ineligible to petition for someone".? Are you saying that prior to this new amendment a criminal could petition and be successful?
