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Question about I-130 when naturalized citizen

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avorokavorok

Junior Member
What is the name of your state (only U.S. law)? Florida

Hello. I originally entered the US on a visitors Visa and overstayed. About 3 years after entry, I got married to a US citizen and eventually got my green card, but the process took almost a year to complete. We were married for about 5 years but our marriage did not work out and we divorced. I became a naturalized citizen about 6 months ago. Since our divorce, I became close with a Georgian man (who is here on an expired tourist visa) and we recently married. He would like to apply to have his status adjusted.

I obtained my green card less than 5 years ago, but I am now a naturalized citizen. On the I-130, the instructions state that I must wait 5 years if I am sponsoring someone after obtaining a green card. But, they say nothing about me being a naturalized citizen and using that as the basis for my sponsorship.

We have spoken to several lawyers and cannot seem to get a clear response. Some lawyers say we have to wait and others say it will be fine because I'm a citizen.

Can someone clarify this? Do we have to wait the 5 years or can we apply now? If we were to apply now and it is too soon, what are the consequences?
 


ImmigAttyLana

Senior Member
I think that you should be fine with petitioning for a new spouse now that you are a US citizen. The specific provision is against filing a second preference petition not an immediate relative petition. Please clarify, however, exactly when you got your permanent residence status and exactly when you were naturalized.
 

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