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How can I help my current spouse get a green card while I-829s for me and my ex-wife are pending?

I got my conditional green card with my ex-wife two years ago. While we were in the conditional residency period, we filed a divorce. We have both filed I-829 petitions. Now I want to get married again. My question is, can I file a green card petition for my new wife or do I have to wait for the decision of my I-829 petition? Will that affect my ex-wife''s green card petition?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Since your I-829 is pending, you are considered a lawful permanent resident for purposes of filing a petition for your spouse. You may file the I-130 petition, but expect delayed processing by USCIS until your I-829 is approved and your condition removed. Filing an I-130 should not affect your ex-wife''s pending I-829 petition.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    As a conditional permanent resident, you can sponsor a spouse.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may file an I-130 for your current wife in the FB-2a category. The priority date is current this month and next. So if she is in the U.S. you can also file to adjust status for her.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your ex-wife has no problems. If you are remarried and in good faith marriage, you can apply for her as an F-2A second preference immigrant. If she is in the US and eligible to adjust, you can apply to adjust here. If not, she would have to process aboard at the U.S. consulate in her home country.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can file for a green card for your new wife any time after your marriage since you are currently a permanent resident. However, from the look of things and since you are not married yet, it is likely going to be after your currently pending I-829 might have been approved. Lastly, your current or soon to be ex-wife''s green card petition will not be affected because she is a conditional permanent resident just like you, and she is in the process of removing conditions on her permanent residence status.