Bona Fide Marriage

[Carlaskipi]

I got my Green Card through marriage to a Green Card holder. After 9 years of marriage, we divorced and I remarried a year later. I am sponsoring my new husband for a Green Card. Uscis asked me to proof my previous marriage was in bona fide because I remarried with less than 5 years of getting my GC. My marriage was bona fide but I do not have the financial documents they asked me to proof my previous marriage (He owned his home and paid for the bills). In case they decide my first marriage was not in bona fide ¿what happen to my GC? ¿Will they remove my GC?

[Carlaskipi]

Someone with an idea about this? Thanks!

[newacct]

I got my Green Card through marriage to a Green Card holder. After 9 years of marriage, we divorced and I remarried a year later. I am sponsoring my new husband for a Green Card. Uscis asked me to proof my previous marriage was in bona fide because I remarried with less than 5 years of getting my GC. My marriage was bona fide but I do not have the financial documents they asked me to proof my previous marriage (He owned his home and paid for the bills). In case they decide my first marriage was not in bona fide ¿what happen to my GC? ¿Will they remove my GC?

I think this is normal. There is a provision in the law that says if you got your green card through being petitioned by a spouse, and you petition another spouse within 5 years of getting your green card, while you are still a permanent resident, your petition cannot be approved unless you show by "clear and convincing evidence" that your previous marriage was bona fide. The "clear and convincing evidence" standard is a higher standard than that is necessary to get your green card in the first place, so they must require you to submit evidence to meet this standard. That does not mean you did not meet the standard to have gotten your green card. Also, if you become a citizen, this provision no longer applies.

[Carlaskipi]

I think this is normal. There is a provision in the law that says if you got your green card through being petitioned by a spouse, and you petition another spouse within 5 years of getting your green card, while you are still a permanent resident, your petition cannot be approved unless you show by "clear and convincing evidence" that your previous marriage was bona fide. The "clear and convincing evidence" standard is a higher standard than that is necessary to get your green card in the first place, so they must require you to submit evidence to meet this standard. That does not mean you did not meet the standard to have gotten your green card. Also, if you become a citizen, this provision no longer applies.

Thank you for your answer. Let me ask you something else. In case I cannot show "clear and convincing evidence" of my previous marriage, will I lose my Green Card?

[newacct]

Thank you for your answer. Let me ask you something else. In case I cannot show "clear and convincing evidence" of my previous marriage, will I lose my Green Card?

Not necessarily. Not being able to show by "clear and convincing evidence" the genuineness of your previous marriage doesn't mean they suspect it was fraudulent. You can still petition your spouse after you become a citizen without having to show your previous marriage was genuine by "clear and convincing evidence".