Bring spouse - marriage based greencard

[Govisajourney 1]

Hello,

I tried looking up this question on this forum but could not find clear answer so here it goes. Is it possible for me to bring a spouse from overseas to US if I currently have green card from previous marriage (less than 5 years)?

I got my conditional green card last year from previous marriage but things did not work out and had to get a divorce. Now I requested for I-751 waiver to remove condition and after that is done, I wanted to see if I could go to India to get married there and bring the spouse here. I read somewhere online that you cannot apply with I-130 petition if the previous marriage was less than 5 years. Is this really true? Is there any other way to bring the spouse here if she is indian citizen? Any thoughts would be appreciated. Thanks. Anil

[apple21 953]

Hello,

I tried looking up this question on this forum but could not find clear answer so here it goes. Is it possible for me to bring a spouse from overseas to US if I currently have green card from previous marriage (less than 5 years)?

I got my conditional green card last year from previous marriage but things did not work out and had to get a divorce. Now I requested for I-751 waiver to remove condition and after that is done, I wanted to see if I could go to India to get married there and bring the spouse here. I read somewhere online that you cannot apply with I-130 petition if the previous marriage was less than 5 years. Is this really true? Is there any other way to bring the spouse here if she is indian citizen? Any thoughts would be appreciated. Thanks. Anil

Yes, it's true. And you have you prove that previous marriage was not fraud.

Refer to the Who May Not File Form i-130?: http://www.uscis.gov/files/form/i-130instr.pdf

[Govisajourney 1]

Thanks for the reply.

Is there any other way I can bring spouse here? I am thinking that she could apply for h-1b visa to come here but that might be little hard, does anyone have any suggestion?

[NigeriaorBust 4,087]

As long as you are a green card holder it will be about 2.5 years from when you file until a visa number is available. Can she get a student visa ? Otherwise you may have to deal with a long distance relationship for a few years