I130 Question

[paulatth 0]

I am a permanent resident and got my green card in May of 2014 (Employee Based), and during that procedure, my ex-wife got her green card with me filing I485AOS. And we two got a divorce at the end of 2014.

My now wife and I got married in 2015 and she is Canadian. Now we decide to apply a green card for her (she is working now in US with a TN visa).

My question is about the D2 in I130: have you ever before filed a petition for this or any other alien?

Since I never filed an I130 petition (again, my ex-wife got her green card just filing an I485), I think I am supposed to answer NO to this question. Can somebody confirm on this?

My other concern is about the time. It is true that I will help two women get their green cards in two year time period. Will this be concerned? The main reason she decides to get a green card is that we are expecting a baby, and we plan to to live in US.

[newacct 688]

I think you should answer no. Your employer petitioned you. You did not petition anyone.

[paulatth 0]

Thanks a lot, I do agree, and will answer NO to this question.

Would you or anyone want to comment on my timeline question?

I got a divorce a few months after i got my GC (again EB, and my previous marriage was more than 4 years then), then a few months later, i got remarried mainly due to a baby thing.

We decide to apply green card for her mainly because we want to settle in US now. It has been more than a year since we married.

I think you should answer no. Your employer petitioned you. You did not petition anyone.

[pbz 11]

I agree that you did not technically file a petition for your first wife. She got her GC along with you.

About your second question, it is what it is. Just make sure you have and show enough evidence to overcome any suspicion. Submit evidence of the bonafides of your current marriage/relationship, to show that it is genuine.

Edited April 16, 2016 by pbz