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I had my citizenship through marriage based on the 3 year rule, how soon can I remarry after divorce?: I had my citizenship 3 years after my green card through being married to a citizen. In about 2 months after my citizenship we both agreed to get divorced. Divorce is finalized now, do I have to wait to get married again?

Asked 8 months ago in Prenuptials

Moses’s answer: You may marry as soon as the appeals period end, unless it was an uncontested divorce. Then there is no waiting period. However you must understand that the immigration service may question it. Also there are other open issues that requires a consultation.

Answered 8 months ago.


May I withdraw petition for immigrant wife but stay married? : I would like to withdraw my application for my wife to get her conditional green card. Can I do that and stay married? At some point in the future can I apply again for her? I just want to make sure of a few things first.

Asked over 1 year ago in Immigration

Moses’s answer: Yes a petitioner can withdraw application for the wife's conditional residency; however I don't believe she will bee too happy. You can alway refile in the future.

Answered over 1 year ago.


Is there any reason that a crewman's visa makes you ineligible to file the I-601A waiver? Have you been successful in the past?: My husband came here on a C1D/crewman's/transit visa. He has been here a little over 10 years. He has no criminal record. I am a US citizen and we have been married 3 1/2 years and have an approved I-130 petition.

I understand that crewman are ineligible to adjust status stateside and we have been advised to file the I-601 Waiver. We would of course prefer to file from the U.S. (I-601A) and then do consular processing.

Asked over 1 year ago in Immigration

Moses’s answer: Yes, a 601A waiver the best way to solve your dilemma. The complete process takes about 14 months. Best of all, in most cases the applicant returns to his country for only 3 weeks. The first week to take a medical exam. The second week the couple goes to the consulate for an interview and the third week the immigrant visa is issued.

Answered over 1 year ago.