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  1. #1
    Join Date
    Feb 2018
    Posts
    1

    Smile Process for Fiance Visa if U.S. Citizen's Ex Received Lpr Through Marriage

    Hello,

    My question is in regards to the fiance visa process if the US citizen's ex-husband received his legal permanent residency through marriage. He was here illegally when they met and married and they submitted his waiver/permanent residency paperwork a few years later. She is not his sponsor because she did not make enough money at the time. Fast forward six years...they are divorced and now we are in a long distance relationship.

    She and I have known each other for over a decade, but have only been involved in a relationship since her separation. I have a visitor's visa that I applied for after she had come to visit me several times and have gone to visit her. I would like to propose to her and move to live with her, but am worried about how things will go for us since she helped her ex fix his status. Will there be a waiting period before we can apply for the fiance visa? If so - how long? Will we have to provide additional proof that we are in an actual relationship and this isn't just for the green card? Will the process itself be different for us?

    Thanks for any assistance you can provide.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Process for Fiance Visa if U.S. Citizen's Ex Received Lpr Through Marriage

    How long ago did the ex- receive the green card? Really the only thing that matters is whether the marriage was a bona fide marriage. Generally, if they've cleared the conditional period, that's pretty much it.

    Having sponsored a former spouse isn't going to affect future spouses or fiances coming in on their bona fide relationships.

    However, there is one important point. The affidavit of support from the first spouse remains until she either naturalizes, gets 40 quarters of her own income, or abandons her residency. In order to bring in the second spouse/fiance, he had better be able to support both of them.

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