Can I file a new immigration petition for my new wife? 13 Answers as of July 03, 2013

If a US citizen have filed an immigration petition for a spouse last year but we ended up divorcing her because she claimed she was abused. Can I file for a green card for my new wife? Or am I only allowed to file one petition?

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Philip M. Zyne, P.A.
Philip M. Zyne, P.A. | Philip M. Zyne
As long as you are legally married to your new wife, you can file a petition for her, even if you had petitioned for a previous spouse.
Answer Applies to: Florida
Replied: 11/7/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
There are some restrictions, read the insturctions for the form I-130.
Answer Applies to: Nevada
Replied: 11/7/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
You can file a second I-130 for your new wife, but the facts of the first I-130 will be relevant to the determination on this I-130. In other words, you will have to demonstrate that the previous petition was valid and that the relationship was bona fide as well as proving that the current relationship is valid and bona fide. The law prohibits you from petitioning for a second spouse if you previously submitted a fraudulent I-130. Additionally, if you completed an I-864 affidavit of support on behalf of your first spouse, you are obligated as a sponsor on that affidavit of support until your spouse obtains citizenship, dies or has paid into social security for 40 qualifying quarters. You will have to disclose the previous affidavit of support obligation on the current affidavit of support and your previous spouse will count as a person to whom you will owe a legal obligation under the affidavit of support.
Answer Applies to: Colorado
Replied: 11/7/2011
Law Offices of Peter Y. Qiu
Law Offices of Peter Y. Qiu | Peter Y. Qiu
Yes, you can, but that does not mean that your petition will be approved.
Answer Applies to: Illinois
Replied: 11/7/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You may file for your new wife as well. Were you convicted criminally for the abuse. If yes this could have an effect on the new case.
Answer Applies to: California
Replied: 11/5/2011
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    You can file as many petitions as you want so long as you marry these spouses in good faith. You are entitled to the pursuit of happiness under our Constitution.
    Answer Applies to: California
    Replied: 11/4/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    You can file subsequent pepitions but the abuse may cause you some problems.
    Answer Applies to: Texas
    Replied: 11/4/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    Yes, you can file, but prepare the case very well regarding the bona fides of the marriage and be ready to answer questions about the first marriage. Also, depending on the case type, if there are any underlying criminal arrests, charges or convictions, you may be precluded from petitioning. Consult with an experienced immigration attorney.
    Answer Applies to: Texas
    Replied: 11/4/2011
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You can apply again. There is no limit. You just need to be able to prove that your relationship with your current wife is genuine.
    Answer Applies to: California
    Replied: 11/4/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    You could but it will not look good.
    Answer Applies to: Florida
    Replied: 7/3/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You can petition for your new wife, but you may have difficulty obtaining the immigrant visa for her. There is no limit to the number of petitions you can file. However, each subsequent petition will require the submission of evidence to show the current marriage as well as the prior marriage was bona fide. You could also have difficulty if USCIS believes you pose a danger to your new wife. This is case where you are encouraged to consult an attorney in person to discuss the matter in more detail.
    Answer Applies to: New York
    Replied: 11/4/2011
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