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Immigration FAQ


What if we divorce while the petition is pending?

As long as your marriage was initially in good faith you can divorce your spouse and still obtain legal permanent residence through him. In order to do that you file form I-751 with all required attachments and ask for a waiver. You have to fill it out very carefully because given the amount of the so-called green card marriages USCIS investigates such cases very seriously.


Can my spouse sponsor me if s/he has obtained status through a prior marriage?

S/he can sponsor you if
  • you married a widow(er), or
  • your spouse became a legal permanent resident more than 5 years ago; or
  • your spouse can establish by clear and convincing evidence that the prior marriage was a good faith marriage and was not entered into for the purpose of obtaining an immigration status.


Can my adoptive children sponsor me? What about my stepchild?

Adoptive children can sponsor you as long as the adoption took place after the child's 16th birthday, and the child was in your the legal custody and living with the you for at least two years. A stepchild can be your sponsor if you married his natural parent before the child became 18.