Petitioning Through Marriage, Twice Divorced

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A viewer whose name she requested that we withhold sent us an email about petitioning her first husband.

“I am now a naturalized American citizen. I was petitioned by my second husband in 2006, unfortunately, my marriage with him lasted only for 5 years. Last year, when I went to the Philippines, I got in touch with my 1st ex-husband, and we fell in love again. Can I petition him? Both of my marriages were terminated through divorce here in the United States.”

Atty. Lou Tancinco: “You obtained your green card and eventually your US citizenship through your second husband. who is a US citizen. If the marriage to your second husband was real and that it was entered in good faith, there is no reason why you should not be able to petition your first husband. However, if you divorced your first husband with the purpose of marrying your second husband to obtain your green card, then there is a problem. In the latter case even if you are a US citizen already, you will encounter problems and may risk being de-naturalized for prior marriage fraud.”

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Based in the San Francisco Bay Area, with physical offices in Burlingame, CA and in Manila – Tancinco Law, P.C. is ready to assist you in U.S. immigration and business-related concerns. Call us Toll Free (888) 930-0808 or at 1-415-397-0808.