I Got my Green Card through Prior Marriage and Then Got Divorced

If you got your green card through a prior marriage and you’re still a green card holder, people often ask me, can they sponsor their new husband. It depends. If you got your green card within the last five years, you can’t really apply for a green card based on a new marriage. This is only unless you can demonstrate, by clear and convincing evidence, that the previous relationship was real.

Primarily, the basic reason is because the person’s not going to be eligible for a green card for a few years. This is because there’s a quota when it comes to a petitioning green card holder’s spouse. It will be much faster once you become a United States citizen, and you can avoid having to demonstrate the previous marriage was by clear and convincing evidence, real. The short answer is you can do it; I don’t recommend it. It’s probably a good idea to wait until you have your green card for five years and apply for citizenship or at least wait the five years after you’ve had your green card to go ahead and file for somebody new. If you have questions, please feel free to contact my office, and I’d be happy to discuss it with you.

Cheryl David is an experienced immigration attorney in the New York City area. Contact her for a free initial evaluation regarding any questions you may have about immigration procedures and policies.