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I am in F1 visa and got married to a us citizen last summer, yet we haven't filed anything for greencard. Now I want to divorce,

Portland, OR |

I am in F1 visa and got married to a us citizen last summer, yet we haven't filed anything for greencard. Now I want to divorce, (It was a big mistake to get married too rush) and i want to get married to my gf now. can I do it and file the green card later? how long does it take to do it?

Attorney Answers 4


  1. After you get married, you may have your girlfriend (future wife) petition for you and you can adjust status to that of a lawful permanent resident. This process will usually take about six months although it is difficult to gauge an exact time frame. If you are unfamiliar with the process to adjust status, it may be best to consult with an immigration attorney in your area. Good luck!

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@emsylaw.com; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.


  2. The length of time to get divorced will be determined by the state and city in which you file. That's a question better asked of a domestic relations lawyer. Your next marriage will receive heightened scrutiny by CIS. I suggest that you retain immigration counsel now so that all of the divorce documents are in a light most favorable to you, that you exit that relationship with the appropriate proof that it was not for an immigration benefit (even though you didn't file it is relevant) and to ensure that your new marriage is properly documented.


  3. I agree with my colleagues. Please talk to an attorney.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


  4. It is unfortunate that your marriage did not work out. However, because you entered the U.S. in good non-immigrant status you may file to adjust status to that of permanent resident based on marriage to a U.S. Citizen most anytime based on your convenience. The fact that you were married and soon after divorced is a topic for questions from USCIS but it is not a legal impediment in any way to adjustment based on a new valid marriage. My best advise is to consult an experienced immigration attorney before filing anything with USCIS.

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