US Citizen Divorces, Remarries and Files For New Spouse

Hi! I became a US citizen this year in August after I was married to the same US citizen for three years. My wife filed the divorce papers and now my marriage is legally terminated. My lawyer told me that if I marry my girlfriend who is from overseas I cannot file the I-130 petition on her behalf until it is five years since I got my residency even though I am a US citizen now. Is this true? (I have a naturalization certificate.) Thank you.
— Anonymous

There is no law that requires that you wait five years before you can get married to another woman and file an I-130 petition on your new wife’s behalf. You will have to disclose your prior marriage on the I-130 petition and you will have to prove that your marriage to your ex-spouse is now terminated by providing a certified copy of the divorce decree.

As for filing for your girlfriend/wife, you have several options. You may file a K-1 petition if you don’t get married now but intend to get married in the United States within 90 days of her entry, a K-3 petition if you get married outside the United States and want to file for adjustment of status in the United States, or consular process by getting married and having her immigrate with an immigrant visa. However, if your facts are correct, there appears to be another issue.

How did you become a US citizen if your marriage to the petitioning ex-wife only lasted three years? By rule, permanent residents are eligible to file for citizenship two years and nine months from the date their green card (not marriage) was issued if the Applicant can prove that s/he is still married to and living with the same US citizen spouse during that period. And the two year and nine month period does not include the processing delays for the permanent resident application or the Application for Naturalization, which are anywhere from 6 months to more than a year.

It would be wise for you to consult with an immigration attorney with extensive experience with family-based immigration matters to review your immigration documents and advise you on all of your options and potential problems that you may face in your upcoming case.

Michael Shane and Evan Shane, Immigration Attorneys

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K F ★★★★★ a week ago
We came into the Shane& Shane family via Mr Brauwerman a former Immigration Judge prior to his retirement. We knew we … More were in great hands with this merger.
Veronica and Evan were our counsels for the Citizenship process for my spouse and I. Going in, I knew mine would have required additional work. As such, it was not a surprise when I received a decision cannot be made at the interview, while my spouse secured the citizenship at first interview.
Veronica was amazing on the first interview, she prepped me well and took copious notes. With this team, when they tell you to trust the process, believe them and just leave it in their capable hands to follow the protocol. Evan followed up and successfully secured a second interview after a long silence.
Evan prepped me equally and rigorously well for the second interview. He was even more intimidating than the real interview. As a result I am now a Citizen.
This team, Myrna, Veronica and Evan is truly a team. They are responsive, professional, authentic and transparent. They are a true immigration firm and we could not have asked for better representation. Reach out to them for a consultation, I guarantee you will retain them for representation.
Thank you guys!
Ademir Pavao ★★★★★ a year ago
Ademir Pavao
Myself and my son, Ademir Pavao Filho, are so happy here in USA, My son now is in Fort Bragg, Army in North … More Caroline, everything was perfect with us, an I become a permanent resident applying to become a citizenship next year, my special thank to Evan Shane and Maria, that solved all problems we had. I highly recommend this important and necessary services provided by Shane, Shane, and Brauwerman. Evan and Maria worked on our cases and we were impressed by how knowledgeable, organized, and reliable they were.
Ricardo Bendito ★★★★★ 3 months ago
This is by far the best law office!
For years I have dealt with countless law offices and have retained two different attorneys … More before coming to Shane & Shane. my case was very complex, battling mistaken identity while applying for I-601A waiver, and green card application. Evan and Veronica are ultimately the best attorneys I have ever dealt with. They analyzed and came up with a detailed plan pertaining to my case. They lead with full transparency the whole step of the way. I was impressed with the compassion and attention I was given. Thank you again to the whole staff for responding quickly and professionally every time I needed updates. I highly recommend retaining this Law Firm!