Legal Question in Immigration Law in Utah

divorce and re-marriage

i'm under a 2 year permanent residency. my husband and i are getting a uncontested divorce. we are both seeing other ppl, currently he's stationed over seas. we have been seperated for almost a year now. as soon as the divorce is final i'd like to get re-married to my fiance. how soon would i have to file for adjustment of status? i read about proofing the first marriage was bona fide, how would i go about that? would a letter/statement from my current husband work? we're still friends. it just didn't work out. i need to know a step by step guide. thanks

Asked on 11/12/07, 5:14 pm

1 Answer from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: divorce and re-marriage

It's good that you and your husband are able to resolve the divorce amicably. As far as the filing of adjustment of status goes you can file it as soon as you are married again but it also may not be necessary (depending on some information I would need about your first marriage). Alternatively, proving a bona fide marriage is not difficult but the information required may be copious. Since you do run the risk of technically being out of status during the divorce/re-marriage it would be advisable to speak to an immigration attorney to cover all the bases. You may contact me if you would like and we can do a proper consultation and ascertain all the necessary facts.

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Answered on 11/12/07, 6:50 pm

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