I130 and recent divorce?

[imse82 45]

I'm getting ready to submit i130 for my wife and wondering if I'm going to have any problems giving that I got married 2 months after my divorce was finalized. My first marriage to a USC lasted 5 years and was entered in good faith and my second wife got divorced 8 months ago as well and we both have kids from our previous marriages.

[Cathi 5,769]

As long as you entered the other marriage in good faith and have evidence to back it up you should be fine.

[Natanloupan 11]

I would think most people would understand a lot of time goes by before the divorce is final . Most states have laws where one has to live a part before you can even file . I filed recently after a divorce as well , but I was living a part from my now ex wife for nearly a year in total from separation to final decree of divorce . I don't believe they judge these petitions on morals rather on evidence that is provided within them . As mimollcious stated as long as you entered the marriage in good faith and ended it properly you will be fine . However the CO at the interview may ask questions about the previous marriages . It is good to be prepared for such questions . I am expecting questions of that nature with our petition since we both were married and divorced as well . Just be prepared which I am sure you are and you will be fine .

[Cathi 5,769]

I would think most people would understand a lot of time goes by before the divorce is final . Most states have laws where one has to live a part before you can even file . I filed recently after a divorce as well , but I was living a part from my now ex wife for nearly a year in total from separation to final decree of divorce . I don't believe they judge these petitions on morals rather on evidence that is provided within them . As mimollcious stated as long as you entered the marriage in good faith and ended it properly you will be fine . However the CO at the interview may ask questions about the previous marriages . It is good to be prepared for such questions . I am expecting questions of that nature with our petition since we both were married and divorced as well . Just be prepared which I am sure you are and you will be fine .

Yes people understand, but as far as immigration goes there is a 5 year rule for immigrants who have been here 5 years or less as far as petitioning for a new husband or wife from their home country. Immigrants who have been here less than 5 years are not allowed to petition for a new spouse from their home country. This is to avoid scammers who marry US citizens just to get in the country, divorce their US citizen spouse and then go on to petition their real loves back home. But as the OP stated he was married for 5 years so he is beyond the 5 year cut off. But he should be prepared to answer in depth questions about his first marriage with it being so close to the 5 year mark, and getting married to someone new so soon after the divorce, but he should be fine as long as he has plenty of evidence that the first marriage was entered to in good faith.