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Got green card through marriage Can She remarry and petition for her spouse without problems.

Bronxville, NY |

My friend got her 10year green card through marriage in 2009. Her spouse moved out of the home 5mths after she got her 10 year GC, He file for divorce in 2010 using the 6 months Irretrievable breakdown of the marriage rule. He cheated in the marriage for which she has proof and according to her refuse to stop. She got her citizenship in 2012 using the five year rule.

If she had gotten citizenship through marriage could she remarry and petition for new spouse without problem.

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Attorney answers 3


Yes. Provided there is no skeleton in her closet which you did not know or failed to disclose.

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.


She can certainly remarry and sponsor her new spouse. She will have to demonstrate that both of her marriages were bona fides, that is, for love not just for immigration purposes.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


Yes she can remarry and sponsor her new husband. They would have to prove that this marriage is a bona fide marriage.