Legal Question in Immigration Law in North Carolina

My husband came into the US from Morocco on a fiance visa. He got married to the person who sponsored him but then they separated only 4 months later because she treated him very badly and was using him to make money for her. She gave him his 2 year greencard when it came in a few months later. He is now having to file his petition to remove condtions but has very little evidence of a valid marriage. He has some pictures, a utility bill, a joint bank account statement, a joint credit card and his tax filings for 2009 and 2010 both years filed as married filing separate. He has since married me and I am pregnant with his child. We are going to file the petition to remove conditions but I also wanted to know if I can file an I-130 for him incase he is unable to prove the validity of his marriage to his first wife?

Asked on 7/19/11, 12:04 pm

Attorney Caro Kinsella Law Offices of Caro Kinsella

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Yes you can petition for him. But I would wait to see the outcome of his self-petition under the I-751 waiver.

Answered on 7/19/11, 1:57 pm

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