QUESTION

Can marry her and petition her if I got my citizenship through my previous marriage?

Asked on Nov 17th, 2016 on Immigration - Georgia
More details to this question:
I'm bisexual and my husband knows that. I dated mostly guys though. My husband and I were married for 3 years and I got my citizenship. But sadly, after 4 years of marriage we got divorced. We just fell out of love and he fell for someone else. After our marriage collapse, I went on a trip with my friends and there I saw my ex-girlfriend. We started dating again and after almost 2 years of being together, I want to marry her.
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2 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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You can, but since you were in a previous different gender type marriage USCIS will most likely go out of their way to scrutinize your new marriage. You may benefit from the services of an experienced immigration attorney to help you with the process.
Answered on Dec 26th, 2016 at 8:19 AM

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Immigration Law Attorney serving Atlanta, GA
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Generally, a U.S. citizen may marry a foreign national of the same sex and sponsor her in a marriage-based adjustment of status application, and this is true regardless of whether the U.S. citizen previously had been married to an opposite-sex spouse and had obtained Permanent Resident status based upon that first marriage. In that application process the U.S. citizen and new spouse not only would need to show that they are living together in a bona fide marriage, but the U.S. citizen spouse may need to show that her previous opposite-sex marriage was bona fide too. USCIS adjudicating officers have received some training relating to this, but they are inconsistent in the level of understanding sexuality and the issues facing non-conventional marriage history. It would be wise for you and your fianc?e to consult with an immigration attorney and especially one experienced in addressing these issues - who after learning all of the relevant information could advise about immigration eligibilities, options and strategies, and who could then offer legal representation in the application process.
Answered on Dec 23rd, 2016 at 6:54 AM

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