Kara Sears
If you are a conditional permanent resident who obtained a green card through marriage, you can remarry anytime you want. However, if you want to file a green card petition for your new spouse, your green card must be at least five years old. This is to reassure the immigration officer that your first marriage was valid and not for immigration benefits. If your spouse has died, you can apply for adjustment of status by preparing Form I-485, but you must not remarry within two years of your spouse's death.
| Characteristics | Values |
|---|---|
| Conditional permanent resident status | Granted if married less than 2 years |
| Conditional permanent resident status validity | 2 years |
| Form to remove conditions on residence | I-751 |
| Time to file Form I-751 | Within 90 days before the Green Card expires |
| Remarrying after divorce | Allowed anytime |
| Sponsoring a new spouse | Difficult process |
| Waiting period before sponsoring a new spouse | 5 years |
| Waiting period exemption | Death of the first spouse |
Explore related products
![Immigration Law Pocket Field Guide 2025 Edition [LATEST EDITION]](https://m.media-amazon.com/images/I/51EuQoWa2OL._AC_UL320_.jpg)
![Understanding Immigration Law and Practice [Connected eBook] (Aspen Paralegal Series)](https://m.media-amazon.com/images/I/81JV3wS8LvL._AC_UL320_.jpg)
What You'll Learn
Sponsoring a second spouse
Time Interval:
The time elapsed between sponsoring the first spouse and the current application for the second spouse can be crucial. If the marriages are close together, with little time in between, it may raise concerns about the authenticity of the relationships. Taking time between marriages can strengthen your case and reduce scrutiny.
Previous Sponsorship:
If the first spouse obtained permanent residence or citizenship, the authorities may be hesitant to approve sponsorship for a second spouse, particularly if the first spouse is still in the country. If the first spouse has returned to their home country and given up their green card, sponsoring a second spouse may be more feasible.
Circumstances of Divorce:
Explaining the circumstances of the divorce with the first spouse can be beneficial. Providing context and demonstrating that the breakdown of the marriage was understandable or justifiable can make your current sponsorship application more favourable.
Immigration Laws:
Compliance with immigration laws is essential. Conditional permanent residents who obtained their green card through marriage are typically subject to a five-year waiting period before they can sponsor a new spouse. Failure to adhere to this rule may result in scrutiny and adverse consequences.
Legal Advice:
Given the complexities of sponsoring a second spouse, it is highly recommended to seek guidance from an experienced immigration lawyer. They can help navigate the legal landscape, ensure compliance with regulations, and improve the chances of a successful outcome.
In summary, sponsoring a second spouse requires careful consideration of various factors, including timing, the status of the previous spouse, and adherence to immigration laws. Seeking legal advice can be instrumental in successfully navigating this process.
In-Laws and Dependence: A Complex Dynamic
You may want to see also
Explore related products
Five-year waiting rule
A five-year waiting period is required for conditional permanent residents who obtained a green card through marriage and then separated before they can file a green card petition for a new spouse. This rule is in place to reassure immigration officers that the first marriage was valid and not solely for immigration benefits.
If the marriage through which an individual obtained permanent residence has ended, the green card holder must wait at least five years before petitioning for a new spouse. Failure to wait the required five years before remarrying a foreigner may result in an RFE or NOID.
There are, however, exceptions to the five-year waiting rule. If the first marriage ended due to the spouse's death, the waiting period is waived, and the individual can remarry and file a petition without waiting five years. Additionally, if the conditional permanent resident obtained a green card through marriage and then separated, they can remarry at any time, provided they are not filing a green card petition for their new spouse.
The five-year waiting period can be challenging for sponsoring a second spouse, and it is recommended to seek legal guidance from a good law firm to navigate the immigration laws and avoid extra scrutiny from the United States Citizenship and Immigration Services and the state department.
While the law focuses on the five-year waiting period for legal and immigration purposes, it is also important to consider the emotional aspects of remarriage, especially if there are children involved. The average time for someone to remarry after a divorce is just under four years, but the right time depends on individual circumstances and the well-being of the family.
Veterans' Freedom to Choose Doctors: New Law Explained
You may want to see also
Explore related products
![Immigration Law and Social Justice [Connected eBook] (Aspen Casebook)](https://m.media-amazon.com/images/I/61kcSR261nL._AC_UL320_.jpg)
Conditional permanent resident status
The conditional permanent resident receives a Green Card, which is valid for two years from the date they obtain conditional permanent residence. This card acts as evidence that the holder has the right to live and work in the United States. The conditions on the permanent residence can be removed, and the Green Card can be made permanent after two years, assuming the holder can prove that they entered the marriage in good faith and not to circumvent the US immigration system.
If the conditions are not removed in time, the holder could lose their conditional permanent resident status and be removed from the country. To remove the conditions, the holder must file Form I-751, Petition to Remove the Conditions on Residence, within the 90-day period before their Green Card expires. If the holder is a child, they may file a joint petition at any time, even before the 90-day period. If the holder does not file Form I-751 within the 90-day period, their status as a conditional permanent resident automatically terminates.
If the marriage through which the holder obtained permanent residence has ended, and they wish to marry another person, they must wait at least five years before petitioning after receiving their Green Card.
The Power to Override: Veto Override by Congress
You may want to see also
Explore related products
Green card expiration
If you are a conditional permanent resident in the United States, your Green Card will expire two years from the date you obtained that status. Conditional permanent resident status is given to those who were married for less than two years when they obtained permanent resident status. To remove the conditions on permanent residence, you must file Form I-751 jointly with your spouse within the 90-day period before your Green Card expires. Filing Form I-751 will extend your conditional permanent resident status and work authorization for 48 months. If your Form I-751 is still pending after this time, you must call the USCIS Contact Center.
If you do not file Form I-751 within the 90-day period before your Green Card expires, your status as a conditional permanent resident will automatically terminate, and you could be removed from the country. If your Green Card has expired, you can apply to replace it by filing Form I-90. You will need to provide evidence of your lawful permanent resident status while waiting to receive a new Green Card, and you may be issued an Alien Documentation, Identification & Telecommunications (ADIT) stamp.
If you are a foreign national who obtained permanent residence through marriage and you get divorced, you can remarry a foreign national or U.S. citizen at any time. However, if you want to file a Green Card petition for your new spouse, your Green Card must be at least five years old. If you do not wait five years, you should expect an RFE or NOID.
If your spouse was a U.S. citizen who has died, you can still gain permanent residence through "adjustment of status" without leaving the country. To do so, you must file Form I-360 with the USCIS no more than two years after your spouse's death, and you must not remarry.
Common Law Marriage: Can I Take My Spouse's Last Name?
You may want to see also
Explore related products
Proving marriage in good faith
When a foreign national marries a US citizen, they can file for lawful permanent residency. However, the marriage must be proven to be in "good faith", meaning that the couple got married because they wanted to spend their lives together, and not primarily for immigration purposes. The US Citizenship and Immigration Services (USCIS) requires substantial evidence to ensure that your marriage is genuine.
To prove that your marriage is in good faith, you must provide strong and diverse evidence. This includes a statement from you explaining how your relationship developed, why you decided to marry your spouse, and your routines and activities as a married couple. You can also submit copies of identification documents showing that the immigrating spouse took the U.S. citizen's name or vice versa. While it's not necessary that you share a surname, providing evidence of a shared surname can be beneficial. You can also submit copies of letters, texts, emails, Facebook or social media posts, and other messages that you and your spouse sent to each other during your relationship, or cards, letters and emails from others that address you as a couple. Affidavits from other people who know both partners or attended the wedding can also be submitted to provide evidence and affirm that the marriage and relationship are genuine.
Other types of evidence that can be submitted include:
- Joint financial documents, such as tax returns, bank statements, investment account statements, credit card and loan statements, and bills of sale for automobiles or other large purchases
- Proof of shared residence, such as a lease, mortgage or deed for the family home, and utility bills in both partners' names
- Statements showing that one spouse is covered by the other's health insurance, or that they are beneficiaries in each other's insurance policies
- Copies of travel documents and itineraries for a honeymoon or family vacation, especially if the US spouse has travelled abroad to visit the immigrant's family members
- Evidence of any children together
It is important to note that there is no single piece of evidence that will provide definitive proof of a good faith marriage. The burden of proof is on the couple to establish their bona fide marriage, and the more evidence that can be provided, the stronger the case.
Prenuptial Agreements: Overriding California Law?
You may want to see also
Frequently asked questions
If you gained lawful permanent residence within 2 years, you have what is called a "conditional green card". This is not entirely permanent and is only good for 2 years from the date of issuance. If you get divorced before this period, you will have to wait 5 years to apply for U.S. citizenship.
If you are a conditional permanent resident citizen who obtained a green card through marriage and got separated, you can remarry anytime. However, if you want to file a green card petition for your new immigrant spouse, your green card must be at least 5 years old.
You can expect extra scrutiny and a thorough investigation into your case. You should be prepared to submit strong evidence that your first marriage was legitimate and that your intentions for the new petition are genuine.
As the widow or widower of a U.S. citizen, you can apply for adjustment of status by preparing Form I-485, Application to Register Permanent Residence or Adjust Status. You must file the I-360 no more than two years after the death of your spouse, and you must not remarry.
If your spouse is not willing to participate in the process, you can still file Form I-751 on your own without their help. You will need to submit evidence that your marriage was legitimate, such as commingled funds.
