Will I have to start the immigration process all over once I remarry? 7 Answers as of January 13, 2011

I am married but my marriage seems to be on the rocks and I am thinking about getting a divorce. However, we are still in the process of filing for the green card. My question is if I were to get a divorce, when I remarry will my new wife be able to continue filing for me or will we have to restart the whole process?

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Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
If you remarry, your new spouse will have to start the whole process over.

Part of the immigration application is proving that you and your new spouse are legally free to marry. You'll have to produce the decree of divorce from your first spouse. Your previous green card application will be on the record. That's when the USCIS examiner will raise his eyebrows and think about whether you have a good faith marriage, or are whether you are just determined to get a green card.

It is better to follow through to improve the marriage you already have. Like the old song says, "It's cheaper to keep her."
Answer Applies to: Washington
Replied: 1/13/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
When did you file for your Adjustment of Status? If you are close to the interview, consider speaking to your present spouse about attending the interview, but be truthful about the problems in your marriage. If, however, you divorce, consider withdrawing the application so that it does not affect the possibility of filing a new application in the future.
Answer Applies to: Texas
Replied: 1/13/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes. If you divorce your current spouse you will have to start all over by being petitioned by your new spouse. Also, if you have a pending Adjustment of Status application it will be denied if you divorce your spouse and you may be put into removal/deportation proceedings. Also,you can expect the USCIS to be suspicious of your new marriage so be prepared to explain how and why your first marriage ended.
Answer Applies to: California
Replied: 1/13/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It depends. If you already have your permanent residence you don't have to file anything else. I you don't have your residence, or have the conditional one you will have to file other applications with immigration.
Answer Applies to: Florida
Replied: 1/13/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
You have to restart the process from the beginning.
Answer Applies to: Virginia
Replied: 1/13/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Did you get your permanent green card? It depends on where you standin immigration purpose.
    Answer Applies to: Florida
    Replied: 1/13/2011
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    Each petition is specific to the foreign spouse and that is why your new spouse will have to file a new I-130 petition, and you will have to file a new I-485 application package again.
    Answer Applies to: Florida
    Replied: 1/13/2011
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