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  1. #1
    Join Date
    Jul 2008
    Location
    Alexandria, VA
    Posts
    7

    Default Immigrant Marrying a U.S. Resident After a Divorce From a U.S. Citizen

    I am a German citizen who has lived the past 3 years in the united states. I was married to an u.s. Citizen but we are divorced since January of this year and have lived separately for more than a year. We filed for adjustment of status but he cancelled his sponsorship so I guess I was staying in the united states without legal papers for a while. Although I went in 2009 to Germany for a visit and got paroled to enter the united states until a year after. In September of last year I had to leave the united states for a family emergency in Germany. I was pregnant at that time with my son, who was born 2 weeks ago here in germany. The father of the baby is my boyfriend who is a legal permanent resident in the u.s.
    So now I wonder if I can travel back to the united states with my son without a problem or will I be denied entry? I know germany has the 90 day visa waiver for visitors to the united states.
    My boyfriend and I eventually want to get married. Could I get married while on the 90 day visiting period? And after that I would have to file for adjustment of status again... Would I have issues doing so, for example being denied because of my previous failed marriage?
    Any advice is greatly appreciated! Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Immigrant Marrying a U.S. Resident After a Divorce From a U.S. Citizen

    We can't tell you if your prior stays in the U.S. triggered a period of ineligibility as we lack the facts to determine that. If we assume not, you can enter the U.S.

    You are free to enter the U.S., marry your boyfriend consistent with the laws of whatever state is involved, then return home and perhaps later seek a spouse visa. You're free to seek a fiancée visa such that you can enter and marry within 90 days of entry, then petition to adjust your status based on marriage. If you enter as a tourist with the intent of marrying and remaining in the U.S., you run the risk that your entry will be determined fraudulent and that you subject yourself to a lifetime bar against reentry.

  3. #3
    Join Date
    Jul 2008
    Location
    Alexandria, VA
    Posts
    7

    Default Re: Immigrant Marrying a U.S. Resident After a Divorce From a U.S. Citizen

    If we file for Petition for Alien Fiancèe then how long is it going to take to find out about approval/ denial? What would be the reasons to be denied?
    I can prove that I know my boyfriend since more than 2 years, even if I was married at that time... would this affect my approval?

  4. #4
    Join Date
    Jul 2008
    Location
    Alexandria, VA
    Posts
    7

    Default Re: Immigrant Marrying a U.S. Resident After a Divorce From a U.S. Citizen

    Okay, nevermind, I just found out that you can only file this fiancèe petition if you are a citizen and not able to do so as a resident. So this is not an option for us.
    I don`t know if there is any other visa I could apply to enter the U.S. with my child, that would make things easier and I could remain staying there once we got married?!
    Or is the only option to get married on the 90 day visitor`s visa waiver and then return back to my home country? Am I supposed to file for another visa from there? How long is it going to take? There is no way I could just file for it once in the United States and married? I just want our family to not be separated any longer.

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