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Does the process take very long when you petition for a second spouse ?

Miami, FL |

We asked a lawyer and he said the process might take years and years, and It depends on the ex if she still lives in the country or not !! ..we have a great marriage and we share and do everything together and we dated for months before we got married .and my husband doesn't know if the ex still here or not all he knows that she was approved and she got her GC..

Attorney Answers 5


  1. Best answer

    No. It is not going to take years and years. In my 26 years of practice I have had many clients file for a second spouse. The time frame is basically the same. It is very possible that the USCIS will review your first marriage to determine whether it was bona fide and your second marriage will be looked at more closely. I agree with my colleagues and suggest your retain an experienced immigration attorney.


  2. Generally, a spouse who files multiple green card applications for spouses will face a lot more scrutiny about the application which can delay the process. My best advice is to consult an experienced immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  3. There is no law against petitioning another wife at later date, however you should definitely do this with the resources of an immigration attorney.


  4. Yes, it can take longer ... they have to do more background checks.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  5. As it often the case, it depends.... There are a number of factors that can cause USCIS to look more closely at your petition and the fact that you were married previously is only one. How long ago was this first marriage? Did you file an immigration petition for him or her? Are there any criminal issues or previous immigration violations? Any potential security issues?

    The "years and years" comment is questionable - even with a number of red flags in a petition this seems unlikely. I have only had anything resembling such a delay when serious problems are associated with the intending immigrant or previous petitions (such as fraud or national security issues). When such issues are not present, you should not have a significant delay - second marriages in themselves do not cause delays and would leave you with just the ordinary processing time.

    If there are significant factors that may cause delays, you may want to consider consulting an attorney - preferably one who will take the time to explain what factors will cause a delay!

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