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#1
17th August 2004, 09:29 AM
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Question on I130 petition for spouse who was previously married
Hello All,
THis is an unusual question. My friend who is a naturalized citizen would like to marry someone who was married to his brother. The brother died about 6 years ago due to health problems causing the termination of his brother's and ex-Sister-in-law's marriage. The question is if my friend (who has never been married) and his ex sister-in-law who now like each other and want to get married choose to get married and file for an I-130 for consular processing in India will it cause any problems. There is also a umarried child from the first marriage who is under 21 years of age. He has talked to an immigration attorney who says it should not be a major issue as long as the family members gives affidavits supporting the marriage and all the other usual documents but he is very concerned if there will be any questions. Has anyone heard of a case like this before and will it be a problem Thanks for any advice 
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#2
17th August 2004, 09:53 AM
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I don't see any problem from immigration point of view. Just make sure they register marriage wherever they are planning to perform marriage.
__________________
Location: Garden City, NY 07/21/2009 (Day 001) : Mailed N-400 07/24/2009 (Day 003) : ND/Application Received 07/27/2009 (Day 006) : Check Cashed, NOA Date 07/31/2009 (Day 010) : NOA Received 08/04/2009 (Day 014) : FP ND 08/07/2009 (Day 017) : FP Notice Received 08/13/2009 (Day 023) : LUD - RFE 08/18/2009 (Day 028) : FP Scheduled/Done 09/21/2009 (Day 062) : YL Date 09/25/2009 (Day 066) : YL Received 11/07/2009 (Day 109) : LUD - sent for interview 11/19/2009 (Day 121) : Waiting for IL
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