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Immigration Issues/Divorce 3 years after permanent residency status and desire to request fiance visa for new relationship.

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Question
Hello,
I am a US citizen. I have been married and living with to my current wife for 10 years (since February 2003).  Due to many reasons, her application for permanent residency status was complicated but she finally received her permanent residency status in April 2010. My wife and I do not have any children together, and due to this reason and many other irreconcilable differences we have decided to file for divorce in the State of Georgia where we live. Our marriage has been rocky and became significantly conflicted 2 years ago. I did not file for divorce at the time because I did not want to jeopardize her immigration status. For the past 2 years however, we have been unofficially separated. During this period I met a foreigner and would like to marry her and file for fiance visa. My questions regarding this situation are as follows:

1. Will divorce from my current wife 3 years after receipt of her permanent residency status have any impact on her immigration status? Though she has only had her permanent residency for 3 years, will the fact that we were married for 10 years in total have any good bearing on her circumstances?  
2. How soon would I need to wait after the divorce is legally finalized to file for fiance visa for my fiance? The state of Georgia has no waiting period restrictions to re-marry after divorce.
3. What is the best and quickest option available to legally bring my fiance to the US?

Thanks in advance for your advice. Best regards,

Answer
Hi,

As it was a bona fide marriage when the immigrant petition was filed (you were not separated, for example), there is no complication to your wife's immigration case. However, I do not recommend that she file for naturalization until she has been a permanent resident for 5 years (as opposed to technical eligibility in 3 years based on marriage to a U.S. citizen): www.h1b1.com/citizenship.htm

You can sponsor your fiancee anytime after the divorce is granted. The fastest method is the fiance visa: http://www.h1b1.com/K1visa.htm  

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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