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

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?

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Attorney answers 4


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.


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


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, Suite 707 San Francisco, CA 94104


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 provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887

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