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Can a green card holder through marriage can sponsor her/his new spouse ? is there a waiting period?

Los Angeles, CA |

My wife got her green card through marriage ( real marriage ) but got divorce after one year , she filled the removal condition by herself and got approved , she even said during the interview that she was engaged with me an F1 student .
it s been 3 years since she got her first green card

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Attorney answers 4


Yes she can. She would have to wait another two years if she got her citizenship in three, but since she did not, she can. There will be a fundamental inquiry into whether her first marriage was bona fide.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



They did an inquiry when she first filled by herself and even an interview . Do you think that we will need to submit proof of good faith of the first and second marriage ? I came to the US one year after their marriage and we are not from same country ( Italy and Malaysia). On the paper and realty it does not look like fraud right ?


You should contact an immigration attorney who can evaluate your case and determine if your wife should petition for you now or after she becomes a US citizen. This changes depending on your status in the United States.



The Court of Appeals for the Second Circuit has stated that immigration law is "a notoriously complex and constantly shifting area of law."

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


I would wait if I were you. You want to avoid any red flags. Too soon.

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.

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