Legal Question in Immigration Law in New Jersey
remarriage and sponsor
I have been waiting for a divorce to be final, which finally it will be final this month. it was filed in 2006 of may. I had initially sponsored my husband at that time, but our marriage did not work out.
I am now remarrying, and my fiance is now on h1 visa. Should he apply for his greencard through his company, or wait for us to get married, and can apply through our marriage. Will the previous marriage affect his chances?
3 Answers from Attorneys
Re: remarriage and sponsor
Are you a US citizen? If so I don't expect it to be a problem but I can't advise you/him not to file through his company. Many of my clients prefer to take every opportunity available. Although if you are a citizen the process will be very quick comparatively.
Your previous marriage should not cause a problem but I would need to speak to you to give you a definitive answer (particularly if USCIS had questioned the credibility of your previous marriage at any time).
Re: remarriage and sponsor
Most foreign nationals choose to pursue permanent residence utilizing as many options as are available.
As a general rule, a green card application based on marriage to a U.S. citizen is a quicker route to U.S. permanent residence. Processing times of employment-based cases vary depending on the country of chargeability and the nature of the position.
The pros and cons of each petition/application should be discussed in detail with competent immigration counsel. This is especially so given your prior sponsorship.
Our office charges $150 for a consultation (which amount is applied to our fixed fees should you decide to retain our firm for services).
Feel free to visit our web site at www.meyner.com
Regards,
Scott R. Malyk
Re: remarriage and sponsor
The problem, which your previous petition could cause, might be based on the Affidavit of Support you signed for your first husband if you do not have enough income. NJ has a fairly new law on this issue. Also, since you will petition for the second husband, the level of scrutiny of the validity of your new marriage might be much higher. You will have to be absolutely prepared for the interview. Concerning the employment-based petition, it depends on the educational background and experience,-- the catogery of the petition and processing time. I would recommend to consult an attorney in order to make a proper decision.