Can I file a second I-130

[cuminey 0]

Hello, I am new to this forum but I really can't find the answer to this question and don't wanna waste money to pay a lawyer. I married my husband in 2006 and we have

known each other since 2002 and lived in the same area pretty much. I am a USC and Filed for him the paperwork went smoothly and we were fine but we started having

problems after I had a miscarriage and things kind of spiraled after that. we were separated not officially in 2009 and I met someone and basically fell in love. I am filing

for divorce and wanna know how long I have to wait to petition for a K3 visa cause my boyfriend is living outside of the country.

[Otto 83]

As soon as you're married to this person, you can file. Obviously your divorce would need to be final before you marry someone else, so how ever long that takes is how long you'll have to wait at least.

(You don't mention what your current spouse's status is so it is unclear if that would have any influence on a new petition.)

[Penguin_ie 5,996]

As PP said, you can file as soon as you are legally divorced to the ex and legally married to the new husband. There will be some questions about your previous marriage to a foreigner, so make sure your new partner knows all about it and why you divorces etc. But as you were married to husband number one for 7 years, I don;t think you'll have any major problems.

You could file a K-1 (fiance visa) even quicker, assuming you have met the new guy in person in the last two years- the day you have your divorce cert, you can file for the K-1. BTW, I strongly suggest if you gof or the marriage visa, you go for the CR-1, it is superior to the K3 as it leads to an immediate green card upon entry to the USA (less paper work, less filing fees)

[cuminey 0]

my husband just recieved his permanent green card. BTW we are still friends just wasnt working anymore and we have been married almost 4 years not 7 but known each other for almost 8 years

[dillon 6]

Just remember when you file the I-864 for your new husband/fiance that you will need to include your ex husband as you are still responsible for him.

Edited February 3, 2010 by dillon

[cuminey 0]

Just remember when you file the I-864 for your new husband/fiance that you will need to include your ex husband as you are still responsible for him.

[/quote

My ex is a usc now do I need to include him on fiance's petition

[Penguin_ie 5,996]

No, the immigrant naturalising releases you from your AOS responsibilities to him.