QUESTION

Is there a waiting period to file an I30 for my new husband?

Asked on Sep 10th, 2017 on Immigration - Georgia
More details to this question:
I am a citizen and previously filed an I30 for my husband who was in the U.S. This was in 2015. I will be divorced in September and want to remarry and file for my new husband.
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, when a U.S. citizen becomes married to a foreign national who entered the U.S. lawfully and with inspection, she may sponsor him in a marriage-based adjustment of status application process immediately upon becoming married. This is true regardless of whether the U.S. citizen spouse previously sponsored a husband for immigration and then became divorced from that husband; this is also true regardless of whether the new husband may have overstayed an initial visa or even worked without authorization. Of course, there are many other details that determine immigration eligibility, and in the circumstances, you described you could expect the USCIS adjudicating officer to require documentation of the bona fide nature not only of your current marriage but also of the previous marriage notwithstanding that it ended in divorce. The application process may be significantly more complex than it appears from the review of the forms and USCIS website, and even more complex than you encountered in your the application process for your previous husband. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Sep 11th, 2017 at 10:56 AM

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