Can you marry a non-US citizen twice (different women)?

Immigration 2 views 4 answers
Will USCIS give you a hard time when you divorce your first wive of five years (a non-US citizen who is now naturalized) and then marry another non-US citizen again in a matter of months? Obviously you will have to go through the same process again as with the first wife, but will USCIS be extra alert? The second wife also has an underage child, will that make it even harder? Will the first wive be contacted by USCIS and questioned?

Attorney Answers

4
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
The answer to this is that you cannot enter into a fraudulent marriage in order to get someone their green card or citizenship rights. Your question suggests that possibility is in your mind. No one on this website is going to assist you in committing fraud.
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Patrice Dziire ·
The answers to all of your questions are potentially "yes." Best, Patrice Dziire [email protected] 407-982-2451
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David Soloway ·
Your question is less than clear, but it sounds like you are a U.S. Citizen who married a woman who was not originally a U.S. citizen but after marrying you adjusted status to become a Permanent Resident and then later successfully petitioned for naturalization. After five years of marriage you and she decided to become divorced, and within a few months you married another woman who is not a U.S. citizen, and with whom you are contemplating filing an application for adjustment of status. If that is correct, it will be lawful to go forward with an application for the second wife. As you seem to anticipate, the USCIS can be expected to apply a heightened level of scrutiny in assessing whether you and your second wife are living together in a bona fide marriage, and the USCIS can be expected to re-review the application(s) involving your first wife to assure no inconsistencies and to assure that there are no grounds for suspecting fraud. A marriage that failed after 5 years should not be expected to trigger too much suspicion, and unless there may be other details to indicate otherwise, it is highly unlikely that the USCIS would communicate with your first wife. Especially in light of these details, it would be wise to engage an immigration attorney to provide legal representation. [Note: Consistent with policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway, Poorak & Kennedy, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * [email protected]
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Joanne Fakhre ·
Your inquiry is a little confusing. I do not understand why you feel you may be defrauding anyone? I am assuming that your soon to be ex-husband is a United States citizen and that is how you got your permanent resident status? If so and you have two children and the marriage was bona fide (legitimate) then you are not defrauding anyone if things did not work out. Now you said that you are a US citizen now? If so, then I am not sure what the issue is. If USCIS will have a concern it will be at him with the new wife. You may want to call an immigration attorney to help clarify your concerns.
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