Filing a second I-130 for second marriage

[SAMAM 1]

Hello All,

 

I am a naturalized U.S. citizen (not through marriage). In 2011, I got married and filled I-130 for my wife and got approved. She came to US and we lived together.

in 2017,  we got divorced.

i am re married in 2020 and going to file a second I-130 for current marriage.

is there any issue, do i need to provide extra documentation because it’s a second time filing I-130. Please provide some guidance on what I need to consider before filing. Thanks! 

[JFH 12,191]

No additional evidence needed. You must provide the divorce decree from the first marriage. I assume wife number 2 is fully aware of the existence of wife number 1?

[JFH 12,191]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[pushbrk 13,184]

18 minutes ago, JFH said:

No additional evidence needed. You must provide the divorce decree from the first marriage. I assume wife number 2 is fully aware of the existence of wife number 1?

Also, the petition asks if you've filed a petition for anybody before, where, when, and the result.  Unless wife 1 is now a US Citizen, she is going to count in your household size when you do your affidavit of support.

[SAMAM 1]

Thank You so much JFH and pushbrk! 

yes wife 2 is fully aware of my first relationship. Do you think If I should add an affidavit certifying from wife 2 that she is aware of my marriage1.

I do have divorce judgement from US court as my first marriage was in the U.S.

great point abt the household for affidavit of support. I didn’t know that. But she has left US and went back to her home country. Does she still count as part of household for i864.

 

 

[Troy B 224]

21 minutes ago, SAMAM said:

Thank You so much JFH and pushbrk! 

yes wife 2 is fully aware of my first relationship. Do you think If I should add an affidavit certifying from wife 2 that she is aware of my marriage1.

I do have divorce judgement from US court as my first marriage was in the U.S.

great point abt the household for affidavit of support. I didn’t know that. But she has left US and went back to her home country. Does she still count as part of household for i864.

 

 

from the form i-864-pc 

"When Will These Obligations End?

 

No longer has lawful permanent resident status and has departed the United States; "

[Lucky2Lucky 2,526]

18 hours ago, SAMAM said:

Thank You so much JFH and pushbrk! 

yes wife 2 is fully aware of my first relationship. Do you think If I should add an affidavit certifying from wife 2 that she is aware of my marriage1.

I do have divorce judgement from US court as my first marriage was in the U.S.

great point abt the household for affidavit of support. I didn’t know that. But she has left US and went back to her home country. Does she still count as part of household for i864.

 

 

No affidavit of such is needed. 
Did first wife officially give up her residency? If not she still counts.

[SAMAM 1]

Thank You Luckycuds, I don’t have any proof though if she has given up officially or if she might have returned to US after sometime since it’s been 3 years we been in contact. 

[Lucky2Lucky 2,526]

3 minutes ago, SAMAM said:

Thank You Luckycuds, I don’t have any proof though if she has given up officially or if she might have returned to US after sometime since it’s been 3 years we been in contact. 

Then I would assume she still has her residency and she would be included in your affidavit of support (income for 3 people)

[pushbrk 13,184]

19 hours ago, SAMAM said:

Thank You so much JFH and pushbrk! 

yes wife 2 is fully aware of my first relationship. Do you think If I should add an affidavit certifying from wife 2 that she is aware of my marriage1.

I do have divorce judgement from US court as my first marriage was in the U.S.

great point abt the household for affidavit of support. I didn’t know that. But she has left US and went back to her home country. Does she still count as part of household for i864.

 

 

Not if she left the US and is no longer a lawful permanent resident.