Legal Question in Immigration Law in New Jersey

Green Card Holder RGreen Card Holder Remarry an Alien before GC Approved: I was the primary applicant of employment based immigration (h1b, eb2) and my ex-husband filed to join. I divorced my ex-husband and remarried before my green card got approved. My ex-husband's file to join was never approved. Can my 2nd husband file to join? I am NOT a US citizen yet.emarry an Alien before GC Approved: I was the primary applicant of employment based immigration (h1b, eb2) and my ex-husband filed to join. I divorced him and remarried before my green card got approved. My ex-husband's file to join was not approved. Can my 2nd husband file to join? I am NOT a US citizen yet.


Asked on 4/12/10, 5:53 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Yes, your husband can follow to join since you did not receive your green card (in other words, your I-485 was not approved, nor an immigrant visa issued by a U.S. Consulate) prior to divorce and remarriage. Thus, your 2nd husband can apply at a U.S. Consulate abroad for an immigrant visa once the Consulate is notified that you have received your green card. The Consulate will issue an immigrant visa to your 2nd husband assuming that your priority date is current. Additional information about priority dates is here: www.h1b1.com/visawaiting.htm

If your 2nd husband is currently in the U.S., he can file for adjustment of status assuming that your priority date is current.

You have the option of calling our law firm at 212-268-3580 during business hours for additional guidance or send an email to [email protected]

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 4/17/10, 6:59 pm


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