Can I marry my ex wife, in my home country and file I-130 for her? 7 Answers as of October 25, 2012

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.

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Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
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.
Answer Applies to: California
Replied: 10/25/2012
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
If you marry your ex-wife and apply for her to immigrate, be prepared for a barrage of questions about your divorce from her and your divorce from your US-citizen wife. This fact pattern raises an issue of "sham divorce". The USCIS will be investigating this question: Did you divorce your first wife with the plan to remarry her, once you were firmly settled in the USA through a marriage to a US citizen? If so, that is a type of immigration fraud. You must be prepared to prove that all of your actions were in good faith.
Answer Applies to: Washington
Replied: 10/19/2012
The Law Offices of Mary Lyn T. Sanga, A Professional Corporation | Mary Lyn Tanawan Sanga
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.
Answer Applies to: California
Replied: 10/19/2012
Baughman & Wang
Baughman & Wang | Justin X. Wang
Yes you can marry your ex-wife and file visa petition for her since you are US citizen now and its been 5 years.
Answer Applies to: California
Replied: 10/19/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You can petition for your ex-wife assuming you remarry. However, you must keep in mind that USCIS may question the validity of the marriage given that you were previously married and divorced.
Answer Applies to: New York
Replied: 10/19/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca 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.
    Answer Applies to: Washington
    Replied: 10/19/2012
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    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.
    Answer Applies to: Michigan
    Replied: 10/19/2012
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