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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105647
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Since December 2015. I gain my status through marriage to

Customer Question

I am US Citizen since December 2015. I gain my status through marriage to the US Citizen. We got divorced. I would like to apply for my current husband. I am reading instructions on form-I-I130. Under section "Who may not file form I-130?" Point 5 says: A spouse , if you gained lawful permanent resident status by virtue of prior marriage to US Citizen. A period of 5 years has elapsed since you become lawful permanent resident" I am very confused. Technically, I gained my status through marriage. However, I am US Citizen now. Do I still have to wait 5 years from the moment I got my 1st green card? Just need a clarification.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You may have to worry about fraud. Please give me specific dates:

1) When did you marry your first U.S. Citizen spouse?

2) When did you receive your first green card, the 2 year conditional green card?

3) When did you file for divorce? NOT when your divorce was final, but when you filed for divorce.

4) When did you get your 10 year green card?

5) When did you apply for U.S. Citizenship?

Customer: replied 8 months ago.
1) February 14th 2011
2) My first green card was in November 2011 and conditions removed in September 2013 and
4) 2nd green card February 2014 I received 10 year green card.
3) file for divorce 8/8/15
5) applied for Citizenship in September 2014Also, have to add that my husband was married before February 2011. His wife filed for divorce in March 2014 and finalized on September 2014. He never applied for any immigration privileges during his marriage to her.We got married on 1/16/16.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Ok. Then you either have to wait until after November 2016 to file for your new spouse since that will be 5 years since you got Residency, or you will have to prove by clear and convincing evidence that your previous marriage was not entered into primarily for an immigration benefit. I would probably wait until after November 2016.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello Anna. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!