My situation is following. I was married since 2009 to US citizen. We filed a joint petition I751 and got divorced in 2012

Asked over 1 year ago - San Diego, CA

while the petition is still under review. I remarried and have a child with my new husband. My question is can I amy husband start the whole process over and ignore my previous I751 petition from previous marriage? What are my options here?

Attorney answers (4)

  1. Irene Vaisman

    Contributor Level 20


    Lawyers agree

    Answered . I would highly advice you retain an immigration attorney at this time. Your previously jointly filed I-751 seems to be fraudulently filed since you are divorced and re-married to another person. Please see an attorney.

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

    Contributor Level 19


    Lawyers agree

    Answered . I agree with both my colleagues - you should consult with an attorney

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . My colleague is correct ... you need to meet with an attorney.

    The new husband/child won't help ... you need to address the original marriage paperwork.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Shah Iqbal Nawaaz Peerally

    Contributor Level 19


    Lawyers agree

    Answered . I would not advise you to do this. I will advise to win on the previous marriage. You can only win on subsequent marriage if you prove the first marriage was bona fide. And if you can prove it was bona fide then you win.
    Talk to a lawyer familiar with this. I-751 waiver are difficult to approve now.

    Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Complications Immigrants Face When Divorcing

A divorce can change a spouse’s immigration status. Consideration of citizenship, visas, and green cards may be affected by a divorce.

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