Dunellen, NJ asked in Divorce, Immigration Law, Civil Rights and International Law for New Jersey

Q: Hypothetically let's say an immigrant married a US resident, and planned on creating a life here in the US together.

However the immigrant through time and lifestyle choices and even personal relationships, no longer felt the relationship they were in was feesable for them and the US resident to remain as a couple.

However the immigrant has a job and a life that they enjoy as well they may have even found someone new they wish to start a life with. Is there a way for the immigrant to reapply for a work visa, or remarry a new partner under the criteria that the first marriage wasn't beneficial for them ( emotionally or physically ), and that they work a job that they are making a career?

3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: What you describe is real life that repeats itself throughout the country in every state. You need to retain an experienced matrimonial and immigration attorney otherwise you will be in over your head. No hypotheticals about it!

Kevin L Dixler agrees with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed. Newer decisions mean that the definition of marriage fraud for a prior marriage has become larger and more devastating. The USCIS now more often reviews the prior marriage to determine whether 'any' new spouse is barred from petitioning the immigrant as a matter of law. Finally, some intending immigrants may need to process outside the U.S., which can create a ten year bar to return.

As a result, I, like Mr. Boyer, strongly recommend an appointment with a competent and experienced immigration attorney, who will take the time to review the facts and provide reasonable legal advice on marriage based immigration.

The above is general information, not legal advice, and does not create an attorney client relationship.

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: This is an immigration issue and best directed to a lawyer who specializes in immigration law.

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