New York, NY asked in Immigration Law for New York

Q: Will they assume our marriage is a sham if we get married soon after he divorces?

My boyfriend entered the US on a travel visa in February of 2014. He married an LPR in August of 2014. Things didn't work out and they separated soon afterward. He never applied for a green card with her. He now wants to divorce her and marry me. We love each other and want very much to start a family as soon as possible, as well as apply for a green card for him. I've read that there is a presumption that marriages between US citizens and foreign nationals are shams. How soon after the divorce can we get married so as not to trigger suspicion/or overcome the presumption that either marriage was a fraud?

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1 Lawyer Answer
Rachel Einbund
Rachel Einbund
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: Excellent question. The good news is that yes - you two can still get married and apply for this GC soon after the divorce/re-marriage, but I would strongly suggest working with an experienced immigration lawyer who can anticipate USCIS' fraud presumption questions, and help you put together a strong packet of evidence in support of your case.

Please feel free to contact me about this - I am more than happy to answer your questions in greater detail.

-Rachel Einbund, Esq.

(212) 252-2125

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