Newton Highlands, MA asked in Immigration Law for Massachusetts

Q: If my current partner files for someone else years ago could she file for me now?

My partner is puerto rican and she was married to a man who did not have documents. She filed for residency and then years later she was divorced. Now we are together and my visa has expired. We have a child and plan to marry but I would like to know if her previous filing would affect me when she submits the application for me.

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2 Lawyer Answers
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Once you are married, your wife can sponsor you for a green card. Her previous application for her former husband should have no bearing on her ability to sponsor you.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: The fact that your partner petitioned someone else in the past does not prevent her from petitioning for you now.

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