QUESTION
If my fiance just became a US citizen, can I apply for a green card right away or do I have to wait?
Asked on Mar 28th, 2014 on Immigration - California
More details to this question:
My fiance became a citizen of the US a few months ago. Also he is still under the divorce process with his ex wife. I am currently doing my masters degree on F-1 visa. Will I be able to apply for green card right away after his divorce is approved? Or do I need to wait some time after he gets his citizenship? Also, will the fact that he divorced after receiving citizenship affect the decision about my green card?
7 ANSWERS
As soon as he is legally married, he can marry you and petition you for a green card on the basis of marriage.
Answered on Apr 09th, 2014 at 11:56 AM
Bruce A. Coane
A married man cannot sponsor a fiance for immigration purposes. Once he's divorced, he can marry a person who is on an F-1 and then file with immigration.
Answered on Apr 01st, 2014 at 4:45 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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No need to wait. can petition you once you marry him.
Answered on Apr 01st, 2014 at 4:45 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As soon as your fiance becomes a US citizen and you have been legally married, he may petition for you and you may apply for adjustment of status (green card) immediately. There is no legal requirement that you must wait a certain period of time before you can file the petition and application. Your fiance's divorce after receiving citizenship should not affect your green card process, unless he committed immigration fraud to receive his status.
Answered on Apr 01st, 2014 at 4:44 AM
Immigration Attorney serving Downey, CA
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Herrera & Juelle LLP
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You have to wait until his divorce is final and you are legally married to him, before he can apply for you. However, if he obtained his residency and/or naturalization through marriage, expect that USCIS will ask some hard questions about his divorce and subsequent re-marriage to you.
Answered on Apr 01st, 2014 at 4:44 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should apply for your green card after getting married (only after the divorce is finalized). Don't file however until after your spouse becomes a US citizen. And do not travel during this time as well.
Answered on Apr 01st, 2014 at 4:43 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You will have to wait till he receives a divorce. That being said if divorce is going to take long he can file for a dissolution of "status" only so that he may enter into the marriage with you. The fact that he is divorcing his wife is irrelevant since he is a citizen and can apply for you so long as you are entering into a good faith marriage.
Answered on Apr 01st, 2014 at 4:43 AM