Desperately needing advice regarding I-130

[kgonzalez0877 0]

I'm going to try and make this very short and less confusing. I married my exhusband in 2010, while he was still living in Mexico. At that time, I petitioned for him, and we waited until finally his application was approved, and he was granted his green card conditionally of course. Before the two years were up, we filed the removal of conditions and after an RFE it was approved and he finally got his permanent residence. Our marriage started to downhill a little before the removal of conditions was filed, but we made the effort to try to work things out, but the pressure of the RFE and our marriage not working out, we finally called it quits. We separated for a couple of months, and during that time I met someone else that caught my attention. Little did I noticed I had fallen in love and this time it was completely different. I now understood why no matter what we tried didn't work out, it turns out I am gay. My partner and I now have been together for 18 months. My exhusband and I just finalized our divorce just last month. My partner is here in the US on an overstayed visa, and I would like to petition for her now that I can marry her. Will this cause issues for my exhusband? I wouln't want this to happen, after all while we were together he was always very undertanding and a loving person. At the same time I don't want to do something that will cause issues for my partner either. Is this something that has happened to anyone? I would appreciate some information. I love her more than anyone I had ever met before and now I completely understand many things. Thank you in advance.

[Ryan H 3,828]

***Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; two different issues are covered in one post.***

**Moderator hat off**

In a nutshell:

• Your ex-husband will not have any problems.
• Visa overstay is forgiven for spouses of US Citizens. Marry your partner as soon as you are able and once the marriage certificate is in-hand, concurrently file the I-130 and I-485 to begin the Adjustment of Status process.

[kzielu 1,149]

Will this cause issues for my exhusband? I wouln't want this to happen, after all while we were together he was always very undertanding and a loving person. At the same time I don't want to do something that will cause issues for my partner either. Is this something that has happened to anyone? I would appreciate some information. I love her more than anyone I had ever met before and now I completely understand many things. Thank you in advance.

Won't cause problems for him but having married so quickly after divorce and to a person that overstayed will likely make USCIS take a closer look at your application.