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green card holder got divorced can i remarry and petition my new wife?

By japs1017 in Bringing Family Members of Permanent Residents to America

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japs1017 Newbie

japs1017   0

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Hi guys my ex-wife and i are planning to file a divorce..and i am still a green card holder..if i get the final divorce decree, can i marry my fiance here in the U.S. and petition my new wife?

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

Hi guys my ex-wife and i are planning to file a divorce..and i am still a green card holder..if i get the final divorce decree, can i marry my fiance here in the U.S. and petition my new wife?

Green card holders cant petition WIVES via K-1 process. It is for un-married US citizens to petition their un-married fiance(e).

Moved from K-1 forums as OP cannot file a K-1, placed in bringing family members of PR to the US.

Edited by Inky

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted (edited)

Hi guys my ex-wife and i are planning to file a divorce..and i am still a green card holder..if i get the final divorce decree, can i marry my fiance here in the U.S. and petition my new wife?

You have a 10-year green card?

Since you are already thinking of marrying another woman, maybe you should consider reading this, specifically the Who May NOT File Form i-130: http://www.uscis.gov/files/form/i-130instr.pdf

Edited by apple21

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

listeria Enthusiast

listeria   14

Posted
Filed: F-2A Visa Country: India
 Timeline
Posted

Yes, you can file I-130 for your new spouse.

Before you do that, did you get your green card through the current spouse or got GC you were as primary applicant. If you received your GC through second option-Yes, you can file I-130. But if you received GC through first option, there is a time limit before you can apply I-130 for your new spouse.

i am not planning to petition her as K1 instead I-130..is it possible that she'll be approve even though i am not yet annulled in p.i. but got married here..

PD: 12/09/2010; Visa Approved: 04/29/2013

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

You have a 10-year green card?

Since you are already thinking of marrying another woman, maybe you should consider reading this, specifically the Who May NOT File Form i-130: http://www.uscis.gov.../i-130instr.pdf

Yes, you can file I-130 for your new spouse.

Before you do that, did you get your green card through the current spouse or got GC you were as primary applicant. If you received your GC through second option-Yes, you can file I-130. But if you received GC through first option, there is a time limit before you can apply I-130 for your new spouse.

The OP is not giving us all the information here, he has other posts about his situation and is omitting things.

The OP is still married to his current spouse who he got the green card through, they have only just now started the divorce proceedings and he only has a conditional green card. He just filed ROC jointly with his current spouse and had biometrics taken.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

i am not planning to petition her as K1 instead I-130..is it possible that she'll be approve even though i am not yet annulled in p.i. but got married here..

Well, any more info you care to share, that is pertinent to your exact situation ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Boiler Grand Master

Boiler   46,108

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Got to admire your speed of action.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • 2 years later...
Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Stale thread closed to further inquiry, last comment was made almost 3 years ago.~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

 
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