How long do you have to wait to help your husband file for green card, if you had a petition with your ex but had pulled it before the divorce?

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How long do you have to wait to help your husband file for green card, if you had a petition with your ex but had pulled it before the divorce?

I had married a year ago and found out the only reason he married me was for his papers. I divorced him and pulled my petition to help him before the divorce was finalized. I don’t know if he ever received his papers or not. I have remarried recently and want to help my husband with his papers. Is there a waiting period or are we able to file immediately?

Asked on June 16, 2012 under Immigration Law, Virginia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can file for your husband at any time if you had previously pulled your petition on behalf of a prior spouse.  You should know, however, that you may be scrutinized a bit more because of that prior petition so you  need to make sure you have good evidence of the bona fide nature of your marriage and sufficient amount of it.


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