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.
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.
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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.
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.
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.
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