Legal Question in Immigration Law in New Jersey

Petitioning twice
My fiance was married before to a non immigrant for 7 years, he petitioned for her green card and she is now a permanent resident, they got devorced about 2 yrs ago. We are planning on getting married, does his previous marriage prevent him from filing a petition for me? or is there a waiting period after his divorce since he gave her a green card to petition for mine?

Asked on 7/17/07, 4:50 pm

3 Answers from Attorneys

Ruchi Thaker Law Office of Ruchi Thaker

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Re: Petitioning twice

No, the fact that he was previously married should not affect his filing for you. However, he will need to disclose on the I-130 petition he files for you, that he had previously filed a similar petition for a former spouse.

Also there is no waiting period for when he can file for you. As long as he has obtained a valid divorce and you marry after the divorce, he can file for you after your marriage,.

Best wishes!

Answered on 7/17/07, 4:56 pm

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Patrick Klauss Berd & Klauss, PLLC

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Re: Petitioning twice

The fact that your fiance was married and now divorced does not affect his ability to sponsor you for immigration benefits.

If you plan on filing in the near future it is advisble to do so as soon as possible as the filing fees for USCIS will increase significantly at the end of July.

Good luck!

Answered on 7/17/07, 5:03 pm

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