I was married to a Peruvian man who is an American citizen now (because he married and american woman ), we divorced a long time ago, he remarried got his citizenship and divorced again, and after years we are back together, my son is 18 years old and is a citizen too but my ex-husband want to remarried for LOVE and to help me to get my legal status adjusted sooner. If that possible.
You should be able to remarry. However I would consult with an immigration attorney regarding any issues about your citizenship.
I don't see why you cannot marry but only an immigration attorney can answer questions about citizenship.
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You are free to re-marry your ex husband as long as both of you are legally single at the time of marriage. If you have questions concerning how your marriage will affect your immigration status, consult with an attorney in the immigration practice area.
An attorney-client relationship shall not be formed due to the response to the asked questions. The suggestions made are intended to inform and not advise and are based upon general statements of FL law and specific events or facts may alter the advice and/or applicable law. You should contact an experienced FL family law attorney for specific legal advice regarding your issue.
You can certainly remarry, But I think our real question is: can a man, to whom you were married when you were both undocumented, who divorced you to marry a USC thru whom he adjusted his own legal status before divorcing the USC, successfully file to adjust you if you two remarry? This type of arrangement could very well trigger suspicions of fraud on the part of USCIS. Therefore you should not embark on this plan without an experienced immigrant attorney guiding you.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.
Yes, you can re-marry, but it may not help you get your citizenship sooner. You may want to consider obama's new executive action plan. Obama's executive action expanded the population eligible for deferred action as such:
Childhood Arrivals (DACA) program for young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks.
Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens .
You can remarry your husband, however, because this is a very common fraudulent fact pattern encountered by USCIS, your case is certain to raise suspicions. Unfortunately, many individuals divorce their spouse, adjust their status through a fake marriage, with the intention of then re-marrying their first spouse and helping that spouse get status. I am not saying that your case is fraudulent, but when it follow the same fact pattern as fraudulent cases, the immigration officer reviewing your case is certainly going to be suspicious and it will be a challenge to prove to him or her that all the marriages in your case were bona fide and that here was no intention on your part to commit fraud. You would be wise to hire an experienced immigration attorney to handle this challenging matter.
Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.
I want to echo what Ksenia said. You are definitely allow to remarry your ex-husband but the problem will arise during the interview - suspicions will be raised because, again, much like she said, this is a very common practice of individuals who want to get their citizenship. I would definitely consult an immigration attorney in Miami. Best of luck to you!
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