Oak Hill, 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.

You can put your married name on the forms and then show your maiden name where it requests you to provide all other names used. Be prepared to submit documentation to support this but it should be fine. If you are out of the U.S. this may be more difficult as most consulates using the naming system of that country.

As far as I know, there has not been a positive decision on this point just yet and the Supreme Court has not granted certiori on this issue. Not saying I couldn't be wrong, I just don't know of any case where the Supremes have said the Court would hear the issue.