Marrying Ex & Apply for AOS

[Manu 1]

hi

My GC was approved based on VAWA ( Battered / abused Spouse of US Citizen ) with my 2nd wife. Now i am divorced with my 2nd wife. Can i remarry my first Wife who is here in US & apply for her AOS.

You gusy are welcome with your replies.

[Anh map 2,098]

Not quite that simple as a Green Card holder. 3 year wait for F2A category. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75783e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=75783e4d77d73210VgnVCM100000082ca60aRCRD

This would raise all sorts of alarms and red flags. Prepare for extensive scrutiny. Be careful that you don't lose your GC in the process.

[Manu 1]

I spoke to my Lawyer, I shall be Marrying her back only once i a US Citizen.

I don mind scrutiny, but just wanna make sure that i can apply for Her AOS.

thank you for revert.

[Anh map 2,098]

*Moved from Adjustment of Status Family Based Visa to Adjustment of Status Work, Student, Tourist Visa*

[Manu 1]

delete

[JimVaPhuong 4,863]

It's a good thing you called your lawyer.

Someone who became an LPR based on a prior marriage cannot file a petition for a new spouse for five years unless their previous marriage was terminated by the death of their spouse, or they can prove with clear and convincing evidence that the prior marriage was not entered into in order to evade immigration law.

If your ex-wife is out of status, or will be out of status by the time the five years have expired, then she won't be able to adjust status through you unless you become a US citizen. You have to wait five years for that, as well.

You're taking a big risk remarrying your ex-wife and then attempting to adjust her status. Your actions fit the profile of a common immigration scam where two spouses conspire to gain lawful status in the US:

1. The spouses divorce.

2. One spouse marries a US citizen or LPR and gains lawful status.

3. The marriage with the US citizen or LPR is terminated.

4. The spouse remarries their ex-spouse and petitions for them.

If, because of your actions, they conclude that the first marriage was a sham then you'll lose your status, even if you've already become a US citizen, and you'd probably be deported. It's not your remarriage to your first wife that will be questioned, but your marriage to the wife through whom you obtained LPR status. They're going to scrutinize it much more than they did when you filed your VAWA petition. Good luck!