richswain9

Hello,

Below is my question, your insight and opinions are appreciated.

1) Can a divorced 4 year LPR* act as sponsor for potential new spouse and kids from UK or does LPR have to be naturalized?

*Gained LPR status through marriage to USC which has since ended in divorce.

Thanks!

Noorah101

Anabella, a US LPR *can* file an I-130 petition for a foreign spouse.

A US LPR can submit an I-130 for the foreign spouse. However, there is no visa number immediately available in that catetory, so there is a backlog (about 5 years or so). When the LPR becomes a USC, the petition can be upgraded to spouse of a USC and a visa number becomes immediately available, and the process takes about 8 to 10 months from that point, just as it would for any USC filing an I-130 for a spouse.

Rich, this means that if the LPR is married right now, they can file the I-130. The LPR might have another year to go in order to qualify for citizenship (LPR for 5 years), then it might take another year or so to do the citizenship process and take the oath and become a citizen, which upgrades the petition, then figure a little less than a year for that to process....so roughly this couple can be together in the USA in *about* 3 years.

Rene

Folinskyinla

Hi:

You can file an I-130 for classification in the FB-2A classification [assuming the kids were under 18 at time of your re-marriage]. However, the category is backlogged. It is a good idea to file a separate I-130 for each of the three.

Do note that an I-130 filed before you have been an LPR for five years will carry a statutory presumption that your marriage to your prior spouse was fraudulent. So any filing must show the bona fides of BOTH marriages.

If you later naturalize, the three visa petitions will be reclassified as "immediate relatives."

richswain9

Noorah and Fonlin - Thank you!

If the LPR gets naturalized does the statement below still apply? Seems like a lot of paperwork, hassle and time.

Do note that an I-130 filed before you have been an LPR for five years will carry a statutory presumption that your marriage to your prior spouse was fraudulent. So any filing must show the bona fides of BOTH marriages.

I have another scenario.

-An N400 is filed based on 3 year LPR status through marriage to USC
-While N400 application is pending form I-751 is approved
-The marriage breaks down and divorce proceedings begin prior to Citizenship interview
-What happens next? How does LPR become Citizen?

And now for the tricky ones.....

-How does LPR/New USC bring new spouse to US?
-Should LPR just give up and move back to UK instead of trying to live in US with new spouse from UK.

Appreciate it!

Noorah101

No, because the I-130 will be filed by a USC, not an LPR.

In that scenario, the LPR then waits 2 additional years before they can apply for naturalization. They can no longer base their naturalization on marriage to a USC, so they must wait 5 years from the time they became a PR.

The first step is filing the I-130. The length of time the next steps takes, depends on whether they are an LPR or a USC.

That would totally be the choice of the LPR, if they want to move back to the UK and abandon their PR status in the USA, they can certainly do that.

Rene

BritishGuy36

It would seem utterly pointless for an LPR in this situation to bother filing an I-130 before naturalisation, bringing scrutiny to both the new and previous applications, when it won't expedite the processing of the I-130(s) anyway.

Just wait until the LPR is a USC then file.

Folinskyinla

Hi:

Your first posting was set forth as a statement of fact. Now you posit another scenario. Why is that? I'm bowing out of this one.

meauxna

I'll remain interested.

Noorah101

The benefit for an LPR filing the I-130 would be to secure a place in line, just in case he/she can't become a USC for some reason...or if it takes longer than anticipated to become a USC.

Rene

Rete

Curious. You remarried before your I-751 was adjudicated? Fast turn around if you did. Is this new wife a former wife or long time girlfriend that you left behind in the UK? Are any of the children your biological children?