Ask Visalaw.com

Posted on: June 29th, 2018
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In our AskVisalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

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QUESTION: I helped my husband get a green card, and he is now a US citizen. He has since divorced me and married the mother of his children that they had prior to his meeting me. If he files for her to get a green card, will immigration question me?

ANSWER: As to whether USCIS will look back to see whether the first marriage was a bona fide (real) marriage, it will depend, since he is already a US citizen. If the officer has reason to question the bona fides of his previous marriage to you, then the officer may look back to see if your marriage was a bona fide. Usually they do not, but in this case, since he is marrying a foreign national that he had a previous relationship with, if the USCIS officer feels that he may have planned to divorce you and marry this woman all along, the officer might look into the bona fides of your marriage. As to whether USCIS contacts the prior spouse, they usually do not. USCIS would only contact the prior spouse in a situation where they had a strong reason to believe that the prior marriage was not a bona fide marriage and therefore were doing a full investigation of that marriage. It does happen, but it is rare.

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QUESTION: I finally took my oath as a US citizen. If I move, do I still need to let immigration know about my new address?

ANSWER: No. Once you become a US citizen, you are no longer required to submit a Change of Address form to USCIS each time you move to a different address.

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