Legal Question in Immigration Law in New Jersey

Dear Madam or Sir, Thank you for taking my question. I am an American born citizen. In 2005 I went overseas and got engaged. I came back and filed for fiance visa. She received her visa and came here and then we got married. In 2007 my wife and I divorced and she returned to her native country. I withdrew the applications that I filed for her. After that, her green card was sent to me regardless, so I sent it back to Vermont Service Center. Now, several years later, she and I are thinking of reconciliation. Is there any chance of petitioning for her again if we want to get married again? If so, how do I petition for her to come back to the states? Thank you for your help!


Asked on 12/11/10, 8:39 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

I understand that your wife had a 2-year conditional green card, but left the USA even before having it issued to her. Yes, if you plan to marry her again, you can either file a new Fiancee visa petition or marry her abroad and file an immigrant visa petition. This will be a new immigration/visa process.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you want to schedule a legal consultation, I would be happy to help and advise you. You can email me at [email protected] or complete an Info Form with a consultation request at https://lawvisausa.powweb.com/info_form.html . For more information visit http://www.law-visa-usa.com/contact_us.html

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Answered on 12/16/10, 9:08 am
Dianne Brooks The Mandel Law Firm

I would suggest that you consult with an immigration attorney regarding your fiance or

spousal visa. Often in cases like yours, USCIS will confuse your new application with your old one and problems and delays occur. If you have guidance, you may be able to get through the process more smoothly. I am located in New York and you are welcome to contact me for a consultation.

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Answered on 12/16/10, 9:51 am


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