Sponsoring adjustment of status for spouse as naturalized citizen (originally received green card through marriage)

Question

In the past I was married to an American citizen, did Adjustment of Status from an F-1 visa, received my green card, and had its conditions removed. My spouse and I then divorced before I could be naturalized under the 3-year rule. I later naturalized under the 5-year rule with no incident except for a scary interview with an officer who was grilling me on my past marriage, saying that it was suspicious that I divorced so early into the marriage (I was able to satisfy his concerns at the interview because we had been in a relationship and lived together for many years before marriage).  
 
It has now been many years since I have been naturalized and over a decade since I have been divorced. I would like to marry my foreign gf and sponsor her for a green card in the same way that I was sponsored, as she is on an F-1 visa. I am concerned that my past immigration history will cause problems when sponsoring her, despite the fact that I was successful. Should I expect problems?

Stephen Arnold Black · Answer

Your case will receive more scrutiny than the average case. Be sure to support your file with abundant evidence of a shared life to establish a bona fide marriage. You should also retain an immigration attorney to represent you as this will increase your chances of a successful outcome. Happy Holidays!!

James L. Arrasmith · Answer

Each immigration case is unique, and past history can sometimes influence future applications. However, having been naturalized for many years and with your previous marriage having ended over a decade ago, these factors may be less significant in your new spouse's Adjustment of Status process. 
 
The scrutiny you faced during your naturalization interview regarding your past marriage is not uncommon, especially when the marriage ends relatively soon after obtaining permanent residency. Immigration officers are trained to look for signs of marriage fraud, but as you successfully navigated that process, it should not inherently impact your ability to sponsor your future spouse. 
 
When sponsoring your girlfriend for a green card, ensure that your application is thorough and backed with ample evidence of your genuine relationship. This includes documentation of shared experiences, financial co-mingling, and other proofs of a bona fide relationship. Remember, the key is to demonstrate the authenticity of your relationship to USCIS. 
 
It's also advisable to stay informed about current immigration policies and procedures, as they can change. Consulting with or retaining an attorney who has experience in family-based immigration cases could provide additional insight and guidance specific to your situation. 
 
In summary, while your past immigration history will be considered, it doesn't automatically create insurmountable problems for your new application. With careful preparation and proper documentation, you have a strong chance of successfully sponsoring your girlfriend's Adjustment of Status.

Q: Sponsoring adjustment of status for spouse as naturalized citizen (originally received green card through marriage)