Being previously married does not prevent you from obtaining a marriage-based green card, as long as any prior marriages have been ended (by divorce, annulment, or death). According to United States Citizenship and Immigration Services (USCIS), if either/both spouses had a prior marriage, they must submit evidence that their previous marriage has legally ended. USCIS does not consider marriages to U.S. citizens to be valid for green card applications if proof that prior marriages ended is not provided. In the US you cannot legally be married to more than one person at the same time, therefore, if old marriages were not ended, then current marriages would be invalid.
If you were previously a petitioner (US citizen or LPR) or a beneficiary (the immigrant seeking benefits) in a marriage-based green card application, USCIS will likely scrutinize both the new, and any old marriages to ensure all are bona fide (“in good faith”). In all filings, you should provide a large amount of evidence of your shared life: joint leases or ownership, financial accounts, insurance coverage, utility bills showing shared residence, affidavits from friends or family, and more. If USCIS has concerns, they may deny your claim or ask for more evidence.
If the petitioner obtained lawful permanent resident (LPR) status through a prior marriage-based petition, special restrictions may apply when the petitioner seeks to file a new petition for a spouse. Generally, the petitioner must wait until five years have passed since becoming an LPR, unless an exception applies. One exception may apply if the petitioner can provide clear and convincing evidence that the prior marriage through which the petitioner obtained LPR status was entered into in good faith and was not entered into for immigration purposes. The five-year restriction also generally does not apply when the prior marriage ended through the death of the former spouse. Evidence may include documentation showing the circumstances of the prior relationship and marriage, such as joint financial records, property or lease records, photographs, correspondence, insurance or beneficiary records, and other evidence demonstrating that the prior marriage was genuine.
Because of the increased risks of fraud due to prior marriage history, or past USCIS petitions, many applicants with prior marriages face more rigorous review, and any hint of misrepresentation can have serious consequences, including denial of the application. To ensure you do not run into issues as a petitioner/beneficiary with previous marriages, consider booking a consultation.
Giselle M. Rodriguez is a Boston immigration lawyer who helps clients with marriage visas, fiance(e) visas (K-1 visas), and other family-based immigration options. Giselle is bilingual, speaking English & Spanish.
Contact Giselle today to discuss your case.
Note: the information on this page is for educational purposes only, and does not constitute legal advice or an attorney-client relationship.