Lyons, GA Immigration Law Firms & Lawyers

Generally, a foreign national married to a U.S. citizen may succeed in consular processing to be able to enter the U.S. and to become a Lawful Permanent Resident (to get a "Green Card"), and this is true even if the U.S. citizen spouse previously sponsored a former spouse in a marriage-based case. The USCIS can be expected to apply a heightened level of scrutiny where the U.S. citizen previously applied for a different spouse (including further evaluation of whether the first marriage was bona fide). It would be wise for you and your partner to consult with an immigration attorney who, after learning all of the relevant history about you, your partner, your former marriage and the previous immigration case, could advise about immigration eligibilities, options and strategies, and could offer legal representation in the often quite complex application process.

Hi. Sorry, but you cannot file on your own. She must petition you. There is an exception if you experenced and can prove either emotional or physical abuse from your US Spouse. 

Significantly more information is needed in order to provide a legal analysis of ways you may be able to attain your goals. That may include, for example, information about your current nonimmigrant visa, your immigration-related history, the date your fiance became a Permanent Resident, etc. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.