Hi my first husband and I are divorce 10 years now and we have two children back then.and I got remarry to a wonderful person now I divorce him because I caught him cheating and he does not love me anymore we are divorce like two years now my first husband and I are falling back in love I am an American citizen but my first husband whom I divorce first and are going to remarry him can I file his green card
Yes, it is possible to petition your first husband, but the USCIS will be wary of the intervening marriage and suspect fraud. Consult with an attorney.
If you and your first husband have two children, this would be good evidence of a bona fide marriage. As a US citizen, you may file an I-130 immigrant petition for him if you re-marry him after you divorce your second husband. He may concurrently file an I-485 application for lawful permanent residence (green card) if his last admission into the US was lawful (e.g. he entered on a visitor's visa).
To get the I-130 approved, you must show by a "preponderance of the evidence" that your marriage is bona fide. (For more information on marriage-based green cards, see http://bit.ly/1Lxty2h) Your husband must also qualify for adjustment of status (i.e. he is not inadmissible due to criminal convictions, false claims to US citizenship, fraud or misrepresentation to obtain immigration benefits, etc). Waivers are available for certain grounds of inadmissibility. Plus, if he illegally entered the US and does not qualify for 245(i) benefits, he would need to depart the US to consular process an immigrant visa. A departure could trigger a 3/10 year bar for unlawful presence. (For more information on waiver for unlawful presence, see http://bit.ly/1IzZpdU)
You did not state how you became an American citizen. If you are an American citizen by birth, your marital history should NOT be a big factor. But if your second husband is a US citizen and you gained your permanent residence through him, and then you became a citizen, this could raise red flags for USCIS. For example, USCIS might suspect that the marriage to the second husband was not bona fide and you married him just to get a green card. You can overcome this suspicion with evidence and testimony showing that your marriage to the second husband was bona fide, but ended due to extramarital affair, etc. Then you would prove that your first husband and you rekindled your relationship and your new marriage to him is bona fide. Your marital difficulties alone, however, do not necessarily complicate your case.
Consult an immigration attorney for specific advice and guidance, particularly to discuss whether the divorce and re-marriage to your first husband will make it harder to prove the marriage is bona fide.
For more information, read 5 Things to Do to Get Your Marriage-Based Green Card. http://bit.ly/1Lxty2h
Aggie Rachel HoffmanImmigration AttorneyLos Angeles, CA ·
Yes, you may file a visa petition for your first husband after you divorce your current husband and remarry the first husband. However, because of the sequence of events in your case, I suggest you retain the services of an experienced immigration lawyer..
