Marriage followed by application for Green Card

[Rogtuf]

I have a relative, who came out to USA on an E2 5 year Visa with his wife 3 1/2 years ago. Wife went back to the UK after 9 months and they have now divorced. He has been living in Las Vegas with a USC for 2 years and now wants to get married again. If they do get married, should he wait for a certain time before he applies for a (change of status) GC, which if it was to be granted would only be for 2 years initially presumably. They would only have a simple (Las Vegas) marriage as they don't have much money.

Any advice would be appreciated.

[rayb]

Your friend can marry, then submit form I-130 and I-485, with supporting documents. Processing time before final interview will be about 6 months.

Fees are $420 and $1,070, plus an immigrant medical exam.

--Ray B

I have a relative, who came out to USA on an E2 5 year Visa with his wife 3 1/2 years ago. Wife went back to the UK after 9 months and they have now divorced. He has been living in Las Vegas with a USC for 2 years and now wants to get married again. If they do get married, should he wait for a certain time before he applies for a (change of status) GC, which if it was to be granted would only be for 2 years initially presumably. They would only have a simple (Las Vegas) marriage as they don't have much money.

Any advice would be appreciated.

[Rogtuf]

Your friend can marry, then submit form I-130 and I-485, with supporting documents. Processing time before final interview will be about 6 months.

Fees are $420 and $1,070, plus an immigrant medical exam.

--Ray B

Thank you Ray, but as I said in the question, would they be better advised to wait for a while after getting married before starting the I-130/I-145 process? In other words, would they get a bumpy ride from INS for applying soon after getting married?

[rayb]

Waiting 30-60 days after marriage is advisble, if he just returned to the U.S. But if he has been in the U.S. for a while, there is no reason he can't submit his petitions immediately after the marriage.

--Ray B

Thank you Ray, but as I said in the question, would they be better advised to wait for a while after getting married before starting the I-130/I-145 process? In other words, would they get a bumpy ride from INS for applying soon after getting married?