Green card through marriage - new spouse

[zmamus]

Hello

If a person obtained a green card through marriage and is divorced now, it's 5 years from getting the GC until they can sponsor a spouse. Is it 5 years form the first conditional GC or 5 years from getting the unconditional 10 year one?

Thank you

 

[Just Blue]

Hello

If a person obtained a green card through marriage and is divorced now, it's 5 years from getting the GC until they can sponsor a spouse. Is it 5 years form the first conditional GC or 5 years from getting the unconditional 10 year one?

Thank you

What state. (required when posting on this site)?

 

[zmamus]

New York

 

[Just Blue]

@Mass_Shyster

I have tagged one of the attorneys that has experience in Immigration Law.

 

[zmamus]

Thank you Just Blue

This is our first fork in the road to know how to proceed.

 

[Mass_Shyster]

it's 5 years from getting the GC until they can sponsor a spouse.

Why do you believe there is a five year waiting period?

 

[LdiJ]

Why do you believe there is a five year waiting period?

According to this:

https://www.nolo.com/legal-encyclopedia/my-husband-got-us-green-card-through-previous-marriage-can-sponsor-me.html

Its not an absolute requirement but if you attempt to do it sooner than that the powers that be will treat the previous marriage as highly suspect and possibly not bonified.

 

[NeilTheCop]

Clarify something for me.
A person obtained a green card 5 years ago by being married to a US citizen. That marriage ended in divorce and now that person wants to sponsor his/her spouse for a green card.
When did that person remarry and was the marriage in the US or abroad?

 

[not2cleverRed]

According to this:

https://www.nolo.com/legal-encyclopedia/my-husband-got-us-green-card-through-previous-marriage-can-sponsor-me.html

Its not an absolute requirement but if you attempt to do it sooner than that the powers that be will treat the previous marriage as highly suspect and possibly not bonified.

"May". The word you're looking for is "may".

 

[HighwayMan]

... possibly not bonified.

I think you meant to write "bona fide".

 

[LdiJ]

I think you meant to write "bona fide".

I actually typed that, spellcheck corrected me.

 

[zmamus]

Clarify something for me.
A person obtained a green card 5 years ago by being married to a US citizen. That marriage ended in divorce and now that person wants to sponsor his/her spouse for a green card.
When did that person remarry and was the marriage in the US or abroad?

They haven't married yet. When they do it won't be in US. And she is a PR not a citizen. It's been over 5 years since getting PR and over a year since divorce.

 

[zmamus]

Why do you believe there is a five year waiting period?

I keep hearing/reading about it. Though it looks like it's a recommendation, not law. So I'd guess the first PR.

 

[Just Blue]

They haven't married yet. When they do it won't be in US. And she is a PR not a citizen. It's been over 5 years since getting PR and over a year since divorce.

Please, have one of the legal parties sign up, using their own user name, and ask their own questions. It's better if the legally involved parties post for themselves. thank you.

 

[NeilTheCop]

They haven't married yet. When they do it won't be in US. And she is a PR not a citizen. It's been over 5 years since getting PR and over a year since divorce.

A real can of worms, and I believe that if a green card holder leaves the US to get married after getting a divorce, immigration will suspect a marriage of convenience.
Best get an immigration attorney before even starting the process because of it's complexity.