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Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
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Experience:  Knowledgeable and experienced immigration lawyer.
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Can I petition my ex wife for greencard , my ex wife is currently

Resolved Question:

Can I petition my ex wife for greencard?, my ex wife is currently single and also am I. If we get re-married, can i sponser her for grenncard. She only have a US Visa, we are thinking of getting married again this time here in the US. Please advise what can be done for this situation? how could i have a certain life with her here in the USA?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 5 years ago.

You could only petition your ex-wife if you remarried. There is not a petition available based upon an former spousal relationship.


You could file the I-130/I-485 Packet (Petition for Alien Relative) and your wife could adjust status in the United States without returning to her home country if she initially entered the United States with a visa.. The entire process takes a little over a year and would require that she take a Biometrics exam and that you and your wife be interviewed by a USCIS officer who will determine if she married for the purpose of obtaining permanent resident status. If approved, she would be issued a conditional permanent residence card because she would have been married less than two years at the time that you filed the petition.


The I-130/1-485 packet is found at the USCIS website at The marriage certificate is required to be included with the petition/green card.


After you are married, you and your wife should file the following forms with supporting documents:


I-130-your petition

I-485-green card application

I-765 -Work permit application

G-325A-biographic form for both of you

I-864-Affidavit of support

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