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Green card based on Marriage :Can someone petition for me when they petitioned for somebody else in the past ?

New York, NY |

My wife petitioned for her ex husband a while ago, and now she is going to petition for me , we been living together for almost a year now, we truly love each other, we going to file taxes together, we have most of the bills with both our names on them, and auto insurance and so on, some people scare me and say if they don't reject you the process gonna take forever. please is that true? does it usually take longer when people petition for the second time ? thank you in advance

Attorney Answers 4

  1. She can file for a second spouse. The case will get some heightened scrutiny when you go for your marriage interview. I recommend retaining counsel so he/she can identify lines of questioning that would normally trip up laypeople in this situation.

  2. Yes, however, there are many potential issues associated with this. What was the outcome of your spouse's prior petition? Was any fraud involved with that. I would highly recommend hiring an immigration attorney to make sure the process goes smoothly. My firm handles such cases in NY.
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

  3. she can certainly sponsor you. Depending on the facts, it is very possible that questions about her previous marriage will arise. I would highly recommend working with an experienced attorney

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

  4. Your wife can petition for you and must be your sponsor. She will count her exhusband in the affidavit of support and must show the required amount of income. If she doesn't make the required amount of income you will need a joint sponsor. The case doesn't take longer because your wife petitioned for someone before however it will be scrutinuzed more. If there was no fraud in the previous case there should not be delays. I would urge you to consult and hire an experienced immigration lawyer to guide you through the process before you file.

    DISCLAIMER: The information you obtained in this answer is not, nor is it intended to be, legal advice and it should not be construed as a formation of a client-attorney relationship or legal representation, which can only occur after the execution of a formal engagement letter or retainer agreement. For a FREE Consultation call (212) 804-5770 or visit us at

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