World Journal Weekly Q & A - September 23, 2012

Q & A 1.

Q&A 1.

Divorced and Immigrated as Single Daughter Over the Age of 21 of USC Wants to Know if She Can Safely Remarry Ex-husband and Apply for His Immigration.

Lin reader asks:

My mother became a U.S. citizen in 10/2007.  Later my husband and I registered our marriage.  My mother filed papers for my family, including my 13 years old daughter.  In August 2008 for some reason, I divorced my husband.  In November 2009, my daughter and I arrived in the U.S..

I now want to go back and remarry my husband and apply for him to come to U.S..  Am I qualified to file papers for my husband?  If I am not qualified at this time, can I apply for him after I become a U.S. citizen or he must wait for our daughter turns 21 before she can apply for her father?

Dear reader,

I assume that if you immigrated through your mother, your priority date (date of your mother's first filing) was probably in the year 2003.  You state that you and your husband registered your marriage after your mother became a U.S. citizen in October 2007.  The fact of your marriage registration changed your preference category from the F-1 preference for unmarried daughter over the age of 21 of a U.S. citizen to married daughter, which has a much longer waiting period.  In October 2007, F-3 visa availability was only current to those for whom papers were filed before February 15, 2000, while F-1 visa availability was for those filing before November 8, 2001. 

At the time that you divorced your husband in August 2008, F-3 availability was only up to June 8, 2000, but visa availability for the F-1 category was up to March 15, 2002.  When you and your daughter immigrated in November 2009, the F-1 category was available to October 15, 2003 while the F-3 category languished at March 1, 2001. Your divorce was thus advantageous in changing your category and saving you much time in immigrating.  There is a distinct possibility that remarrying your husband would bring into question the bonafide nature of your divorce in 2008.  Such could jeopardize your residence status.  Citizenship does not protect against fraud (if proven) in obtaining one's green card. 

 

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.