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Citizenship and AOS issue!!! pleasE!

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imailin

Member
What is the name of your state (only U.S. law)? florida

Hi everyone!! I have a question; my friend got her residency through marriage around 6years ago. after she was granted the 10 year CG they got divorce (alcohol issues and drugs... not healthy relationship) Last year she obtain her citizenship (she applied for naturalization 5 years after she was a resident) now, she wants to get married with her new boyfriend (who has no status) and she would like to ask for him since she is now a citizen. I heard long time ago, that since she was granted residency through marriage she can not ask for a new husband after becoming a citizen or that she has to wait longer (dont know how long), I comment this to my friend but since I am not sure, the question is: Can she request adjustment to status for her new boyfriend future husband? (of course he is eligible, came to this country with a Visa) Does my friend have to wait?
Thanks guys in advice!!!!!!!!!!
 


sammy0928

Junior Member
What is the name of your state (only U.S. law)? florida

Hi everyone!! I have a question; my friend got her residency through marriage around 6years ago. after she was granted the 10 year CG they got divorce (alcohol issues and drugs... not healthy relationship) Last year she obtain her citizenship (she applied for naturalization 5 years after she was a resident) now, she wants to get married with her new boyfriend (who has no status) and she would like to ask for him since she is now a citizen. I heard long time ago, that since she was granted residency through marriage she can not ask for a new husband after becoming a citizen or that she has to wait longer (dont know how long), I comment this to my friend but since I am not sure, the question is: Can she request adjustment to status for her new boyfriend future husband? (of course he is eligible, came to this country with a Visa) Does my friend have to wait?
Thanks guys in advice!!!!!!!!!!
I don't think it's a problem as long as her prior marriage is terminated. The only limitation is that if she filed for 2 or more K1 visas at any time in the past or previously ha a K1 visa approved within two years of the new K1 petition she will be filing, then she needs to request for a waiver. In her case, it doesn't sound sound like she even needs a waiver.

I am not a lawyer, however, you can use the reference below http://www.uscis.gov/files/form/I-129Finstr.pdf

Can anyone else confirm this?
 

imailin

Member
I don't think it's a problem as long as her prior marriage is terminated. The only limitation is that if she filed for 2 or more K1 visas at any time in the past or previously ha a K1 visa approved within two years of the new K1 petition she will be filing, then she needs to request for a waiver. In her case, it doesn't sound sound like she even needs a waiver.

I am not a lawyer, however, you can use the reference below http://www.uscis.gov/files/form/I-129Finstr.pdf

Can anyone else confirm this?
Thanks for your answer!!!

Her new boyfriend is living in the US, but out of status... so she will marrie him and ask for him.... I hope everything works out great since they really love each other and I hope she is able to ask for him without having to wait any more time.
 

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