I got my Green Card through my ex husband and want to remary

I am assuming that by "got my green card through my ex husband" you mean he petitioned you as a spouse (rather than you immigrating as his derivative beneficiary).

If he petitioned you as a spouse, and you re-marry within 5 years of getting your green card, and you are still a permanent resident (not a citizen), and you petition a new spouse, that petition cannot be approved unless you can show by "clear and convincing evidence" that the previous marriage was not fraudulent.

If you re-married after 5 years of getting your green card, or you have become a US citizen, then this doesn't apply.
 
newacct said:
I am assuming that by "got my green card through my ex husband" you mean he petitioned you as a spouse (rather than you immigrating as his derivative beneficiary).

If he petitioned you as a spouse, and you re-marry within 5 years of getting your green card, and you are still a permanent resident (not a citizen), and you petition a new spouse, that petition cannot be approved unless you can show by "clear and convincing evidence" that the previous marriage was not fraudulent.

If you re-married after 5 years of getting your green card, or you have become a US citizen, then this doesn't apply.
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Thank you for your reply. Actually, my case is a little more complicated. I got my green card in 2006 put had to go back to my country. My husband petitioned me again in 2015, got the I-130 approved but I had to withdraw my application. We are filing again the I130 and I485 together. We have been married for 17 years and have 4 kids. Our relationship is rocky, so I am not sure will stay together after we move. If we split, how long after can I get a divorce and then file for a new husband? Thanks again.
 
"how long after can I get a divorce and then file for a new husband "

"Our relationship is rocky "

o_O
 
tonyita1972 said:
Our relationship is rocky, so I am not sure will stay together after we move. If we split, how long after can I get a divorce and then file for a new husband? Thanks again.
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This comes across as a preconceived fraudulent attempt which this forum does not condone nor provide guidance on.
 
It will be 5 years from the date on your green card. If it’s a new i130 it will be a new GC so 5 years from that date. Plus, your marriage will still be scrutinized during the AOS interview as with any aos based on marriage. If you haven’t yet filed the 130 you’re looking at around a year till interview. Good luck.
 
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