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Am a US citizen by marriage, i got my citizenship in march 2009, my wife already wants divorce which we have started the process

Charlotte, NC |

Am a US citizen by marriage, i got my citizenship in march 2009, my wife already wants divorce which we have started the process, cause we are already seperated, am seeing someone in my country and i have already meet her on my vacation, can i file for her as soon as my divorce goes thru. can someone see another woman during seperation?

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Attorney answers 1

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Generally a U.S. Citizen may petition for a spouse to become a Lawful Permanent Resident (to get a "Green Card") regardless of whether the U.S. Citizen achieved immigration benefits through another marriage and regardless of whether there was dating prior to a first marriage being finally disolved through divorce. Additionally, the U.S. Citizen can apply for a fiancee visa to enable a fiancee to enter the U.S. in preparation for marriage.

Sometimes a divorce soon after attaining citizenship, followed by a new petition for another person to get immigration benefits through marriage will trigger a higher level of scrutinty by the USCIS in processing a new case.

[Note: Consistent with Avvo policy, this communication is intended as general information and not as specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, PC
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404/320-7000 1-877/232-5352 dsoloway@fspklaw.com