QUESTION
How can I prove that my marriage was in good faith for immigration purposes?
Asked on Jan 24th, 2011 on Immigration - Florida
More details to this question:
I am green card holder. I got my green card in January 2007. It is I-551 card. I got my greencard based on my first marriage. Then I got divorced in 3 years, I have daughter who lives with my X. I am paying child support regularly as well as spousal support. I recently got married in INDIA in December 2010 and I want to sponsor my second wife to USA. I heard I cannot sponsor her as I still have to wait for 5 years as she is my 2nd wife is it true? Someone said I have to prove my first marriage on good faith! I have daughter of course it was good faith! How I can prove It was on good faith? I never did anything wrong or felony! How long it could take her to get into USA if I file for her based on green card? Is it beneficial to apply now or after I become citizen (in Jan 2012).
2 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You may petition for your second wife immediately. Recently the FB-2a category was close to current so I would recommend this in case it jumps forward again. In any case the first stage is identical to what is required once you become a U.S. citizen so you are getting that stage out of the way. If you become a U.S. citizen before her Priority Date is current you can upgrade the case easily to immediate relative.
For each and every marital filing the burden is on you to prove your current marriage is in good faith. Unless the government determined that your first marriage was fraudulent there is no need to include this evidence but you will be noting the name and date of birth of child. The five year rule you may be thinking of is that you may not file for citizenship until 4 years and 9 months after you became a PR - 90 days before your 5 year anniversary (It would have been 2 years and 9 months if you were still married to a USC).
If we can help you with the permanent residency process for your current wife, contact me for a quote on fees, procedures, and timing.
Answered on Feb 02nd, 2011 at 11:43 AM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
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You will need a lot of the same evidence presented in your original interview. They include: correspondence, bills, tax return, joint ownership documents, bank accounts, pictures, in this child support payment, and most importantly the birth certificate.
Answered on Jan 26th, 2011 at 5:13 AM