Can I re-marry and file for adjustment of status again? 11 Answers as of July 29, 2013

I married my husband in 1997 and we have 4 kids. I helped get a green card then, but things didn’t work out and have been separated for almost 4 yrs now. WE have both agreed to a divorce. I have been in a relationship for 3 yrs; if I remarry, can I file for him or don’t even try it?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, if it is a bona fide marriage you can petition for your new spouse.
Answer Applies to: California
Replied: 7/29/2013
Law Office of Adebola Asekun | Adebola O. Asekun
I assume you are a US citizen, If so, after your divorce from your first husband, you can marry and all things being equal, you should have no problem filing for your second husband. Because you have previously filed a petition for another person before, I suggest you have an experienced immigration lawyer assist you in this process, just in case issues regarding your previous marriage comes up at the interview with your second husband
Answer Applies to: New York
Replied: 7/23/2013
Herrera & Juelle LLP | Carlos Juelle
Yes, if you divorce and re-marry, you will be able to file for your new spouse. Just make sure you are able to document and prove both your relationships.
Answer Applies to: California
Replied: 7/22/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
Yes you can file for your second husband
Answer Applies to: California
Replied: 7/22/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You could petition your current husband for a green card at this point. You can file at any time if you became a US citizen. You can also file a petition as a green card holder if you file this coming August as immigrant visas are current for the month. We will have to see how it looks for September.
Answer Applies to: California
Replied: 7/22/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Yes. You can file for your new spouse. However, you need to be prepared to answer questions about your former marriage.
    Answer Applies to: New York
    Replied: 7/22/2013
    Vladimir Parizher
    Vladimir Parizher | Vladimir Parizher
    Marrying is YOUR right. Things could go wrong with every marriage. That is not necessarily your fault. I believe, as long as your new marriage is in good faith and you will be able to prove it, you can do whatever is good for you and your children. I believe, your case should be evaluated more for some specific details. However, other than that, marrying and divorcing in itself does not violate any of immigration laws, UNLESS in bad faith.
    Answer Applies to: California
    Replied: 7/22/2013
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    It appears you should be able to file for your future husband once you marry him. Based on your story there is no issue of marriage fraud between you and your current husband.
    Answer Applies to: California
    Replied: 7/22/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You should be able to if there are no other issues.
    Answer Applies to: Michigan
    Replied: 7/22/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes. If you remarry, you can also submit a petition for your new husband.
    Answer Applies to: Texas
    Replied: 7/22/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Yes. You can file for your new husband.
    Answer Applies to: California
    Replied: 7/22/2013
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