Legal Question in Immigration Law in Arizona

1-130 petition.

I'm married to the U.S. citizen for 6 months.I'm from Ukraine. My husband is not that person I would like to stay married. I found another U.S. citizen who would like to marry me. I would like to divorce to my husband before I would get 1-485 adjustment status in 1 1/2 years. Is that possible to marry another U.S. citizen without leaving the U.S? Is that possible to stay here in the U.S legally after a divorce to my husband? Maybe, my new husband can file my case by 1-130 petition for a spouse and I can stay here in the U.S until my case would process and I would stay in the U.S. legally.


Asked on 6/26/04, 3:02 pm

1 Answer from Attorneys

Re: 1-130 petition.

Hi and thank you for the email. It will be possible for you marry another US Citizen after the first case is properly terminated.

I often drfat a letter to the Immigration explaining the circumstances of the termination and at the same time have the New I-130 PETITION ready to be filed. That issue will come up again at the interview and you will need to have a lawyer present at that point as well. The bottom line is that if the marriage is bonafide it is possible to file the new case.

Feel free to call me toll free at 1-866-488-1554 I speak russian as well.

Jacob

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Answered on 6/26/04, 5:15 pm


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