Estero, FL Immigration Law Firms & Lawyers

You may petition for your second wife immediately. Recently the FB-2a category was close to current so I would recommend this in case it jumps forward again. In any case the first stage is identical to what is required once you become a U.S. citizen so you are getting that stage out of the way. If you become a U.S. citizen before her Priority Date is current you can upgrade the case easily to immediate relative. For each and every marital filing the burden is on you to prove your current marriage is in good faith. Unless the government determined that your first marriage was fraudulent there is no need to include this evidence but you will be noting the name and date of birth of child. The five year rule you may be thinking of is that you may not file for citizenship until 4 years and 9 months after you became a PR - 90 days before your 5 year anniversary (It would have been 2 years and 9 months if you were still married to a USC). If we can help you with the permanent residency process for your current wife, contact me for a quote on fees, procedures, and timing.

Although you did not file concurrently the I-485 adjustment of status application with your I-130 petition for alien relative, U.S.C.I.S. does not require you to wait until approval or pay twice for the I-130. You can place a copy of the I-130 receipt with the I-485 application now and U.S.C.I.S. should locate the I-130 and consolidate it with the I-485 for your interview. If you wish, you and your wife can also give U.S.C.I.S. another set of I-130 forms to make it easier for U.S.C.I.S. in the event that the original l-130 is misplaced and not in the file on the interview date. In that event, you should mark clearly that it is only a second set for information purposes only. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.