QUESTION
Can I marry my ex wife, in my home country and file I-130 for her?
Asked on Oct 17th, 2012 on Immigration - Michigan
More details to this question:
I came to US in 2007 through marriage to my US citizen wife. I became US citizen last year. My wife left me for an another man and we are legally divorced now.
5 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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It is possible to do that. However, you will have to prove that the divorced and the re-marriage was not all a plan to obtain residency for your ex- wife.
Answered on Oct 25th, 2012 at 4:59 PM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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If you obtained your lawful permanent resident status through marriage to a U.S. citizen, you cannot petition another spouse within 5 years from becoming a permanent resident. Please note that remarrying your previous spouse and filing a petition for her may trigger a more thorough review of the petition and, depending on the circumstances, a review of your previous petition and naturalization. I strongly recommend that you seek a lawyer's advice before you proceed with filing a petition for your previous spouse.
Answered on Oct 19th, 2012 at 6:26 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Yes you can marry your ex-wife and file visa petition for her since you are US citizen now and its been 5 years.
Answered on Oct 19th, 2012 at 6:08 PM
Rebecca T White
You may do so, but you will need to be prepared for a significant amount of questioning from the immigration service regarding the validity of your past marriage.
Answered on Oct 19th, 2012 at 12:44 PM
You can file for her, but you and/or your new wife again may have to explain the circumstances of the second marriage to the same woman.
Answered on Oct 19th, 2012 at 12:42 PM