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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28192
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, I married and sponsored my first husband over 4

Customer Question

Hi Judith,
I married and sponsored my first husband over 4 years ago. Our marriage fell apart and we separated in January of this year. We are now filing for divorce. I travel almost once or twice a month so I met someone else and just wanted to know that if in the future I wanted to marry him it would be possible to sponsor again for a green card. I own my own business and make enough money so we are just traveling back and fourth for now but eventually have plans on living together in New York. When I married my first husband I was 24 and did not have enough money so my parents sponsored our marriage. Just adding that in for extra information. Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Thank you for requesting me.

Just so you understand that divorce does not terminate your or your parents' liability for the I-864 Affidavit of Support for the first marriage.

Since it has been less than 10 years since you filed the I-864 and your parents were joint sponsor, you will have to show you have a gross adjusted income for 3 people, not two. You have to count your ex as a dependent on the I-864 for the new husband.

There is no limitation on your eligibility to file a petition for a new spouse.

You are aware that he may not enter the US as a visitor with the intent to live and immigrate to the US so he will need to be cautious with his entries on a visitor visa.

At some point they can turn him away if he is entering frequently and spending more than 6 months in a 12 month period here.

I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.

Judith

Customer: replied 1 year ago.
For JudithHow long do you recommend waiting between marriages?Will they give me trouble for marrying another immigrant?Also does that mean that my first husband is financially attached to me for the next 10 years? As in his credit and income will be affecting me?
Expert:  Judith replied 1 year ago.

Apologies for the delay, I was at the USCIS field office all morning.

How long do you recommend waiting between marriages?

There is no recommended waiting period.

Will they give me trouble for marrying another immigrant?

No, 50% of marriages fail. They may request evidence that it was a good faith marriage but other than that, as a US citizen it is your right and privilege to file a petition.

Also does that mean that my first husband is financially attached to me for the next 10 years? As in his credit and income will be affecting me?

It means that you and your parents filed an Affidavit of Support with the federal government that essentially was a contract saying you would reimburse the federal government for any welfare benefits your ex collects such as food stamps, medicaid, housing supplement, etc until he has accrued 40 work quarters here in the US, becomes a US citizen, leaves the US and abandons his resident status or dies.

Here is a good link to a webpage that discusses your liabilities and obligations under the I-864

http://www.immihelp.com/affidavit-of-support/sponsor-responsibilities-obligations.html

I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.

Judith