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Hi there,
I'm sorry if this has already been asked somewhere, I've searched the forums but had no luck!
I am a permanent resident (since April 2010) and gained me green card through marriage. However, I am now divorced from the person who sponsored me and in a new relationship, I'm wanting to sponsor my partner/fiance to get started on his green card paperwork.
My question is; I have not had my green card for 5 years which it states is a requirement in the I-130 instructions, it does state that if I can provide evidence that my first marriage (the one who sponsored me for my permanent resident status) was not entered into for the sole purpose of immigration status (i.e. gaining my green card) then I can still file the I-130. SO my question is what constitutes evidence to prove this was not the case?
We were married 5 years from 2006 to 2011, I gained my green card in 2010, purpose of the divorce was insupportability (on the divorce decree) which basically was made up of his lack of wanting to travel/meet my family, quitting his job so we almost lost our house because he no longer wanted to have a boss and many other things that constitute a break down of a relationship! How in the world do I provide proof that we had a real relationship that just didn't work out? It just sounds like a lot of hearsay when I make a list of what we did and didn't have in our relationship, no hard proof.
My fiance has a visitors visa (B category) he has visited several times and is about to head back to the UK again this month, he's left every time on time, not lied upon entry that we are in a relationship, showed proof of his family/home etc back in UK to show he does not plan on staying illegally past his I-94 date but we were wondering if we could go ahead and get married instead of keep putting it off and start filing the I-130 to get in line? Or do we have to wait until 2015 when I am eligible to file for my citizenship? I understand he can file his I-130 here but still travel on his B visa and then file his I-485 in the UK at the American Embassy in London, is this right?
Thanks for any input! Hope this makes sense!
Kirstine
I'm sorry if this has already been asked somewhere, I've searched the forums but had no luck!
I am a permanent resident (since April 2010) and gained me green card through marriage. However, I am now divorced from the person who sponsored me and in a new relationship, I'm wanting to sponsor my partner/fiance to get started on his green card paperwork.
My question is; I have not had my green card for 5 years which it states is a requirement in the I-130 instructions, it does state that if I can provide evidence that my first marriage (the one who sponsored me for my permanent resident status) was not entered into for the sole purpose of immigration status (i.e. gaining my green card) then I can still file the I-130. SO my question is what constitutes evidence to prove this was not the case?
We were married 5 years from 2006 to 2011, I gained my green card in 2010, purpose of the divorce was insupportability (on the divorce decree) which basically was made up of his lack of wanting to travel/meet my family, quitting his job so we almost lost our house because he no longer wanted to have a boss and many other things that constitute a break down of a relationship! How in the world do I provide proof that we had a real relationship that just didn't work out? It just sounds like a lot of hearsay when I make a list of what we did and didn't have in our relationship, no hard proof.
My fiance has a visitors visa (B category) he has visited several times and is about to head back to the UK again this month, he's left every time on time, not lied upon entry that we are in a relationship, showed proof of his family/home etc back in UK to show he does not plan on staying illegally past his I-94 date but we were wondering if we could go ahead and get married instead of keep putting it off and start filing the I-130 to get in line? Or do we have to wait until 2015 when I am eligible to file for my citizenship? I understand he can file his I-130 here but still travel on his B visa and then file his I-485 in the UK at the American Embassy in London, is this right?
Thanks for any input! Hope this makes sense!
Kirstine
