Many U.S. citizens ask the same question after a divorce: “I sponsored my first spouse for a green card. If I remarry and file again, will USCIS see that as a problem?”
In most cases, you can file a new marriage-based petition for a future spouse. However, when there has been a prior spousal sponsorship, USCIS may review the new case more closely to confirm that the new marriage is legitimate and that the prior filing did not involve misrepresentation or fraud.
This article explains what to expect and how to prepare.
1) First Step: Make Sure the Divorce Is Final and Legally Valid
Before filing any new marriage-based petition, confirm that your prior marriage has legally ended.
USCIS will expect the petitioner and beneficiary to be legally free to marry. If the divorce is still pending, incomplete, or not properly finalized, the new marriage may not be recognized as valid for immigration purposes.
Practical tip: Obtain the final divorce judgment or decree and keep a clean copy available for the immigration filing.
2) USCIS May Review the Timeline More Carefully
When a petitioner has previously filed a marriage case, USCIS may pay attention to the timing between:
- The prior green card approval
- The divorce
- The new relationship and marriage
- The new immigration filing
If the timeline is short, USCIS may ask more questions. A quick sequence does not automatically mean the case will be denied, but it often triggers a closer look.
3) Expect “Bona Fides” Scrutiny to Be Higher
USCIS evaluates whether a marriage is real (often called “bona fide”) in every spousal case. When there is a prior spousal sponsorship, USCIS may ask for more documentation to confirm that the new marriage is genuine and not entered into for immigration purposes.
You should be prepared to document the relationship thoroughly, including evidence such as:
- Joint lease or mortgage
- Joint bank accounts or shared financial responsibility
- Insurance policies showing each other as beneficiaries
- Photos over time with family and friends
- Travel records together
- Messages, call logs, and other relationship proof
- Affidavits from friends/family (when appropriate)
4) USCIS May Ask About the Prior Marriage
In some cases, USCIS may ask questions not only about the current relationship, but also about the prior marriage and filing history. This does not mean you did anything wrong. USCIS is often verifying consistency and making sure there are no red flags.
Be prepared to explain, clearly and calmly:
- When the prior relationship ended
- The reason for the divorce (in general terms)
- When the new relationship began
- Whether any overlap existed
If there was overlap or a complicated timeline, it does not automatically end the case, but it should be addressed carefully and truthfully.
5) An Interview Is More Likely
While USCIS can waive interviews in some marriage cases, a prior spousal filing can increase the chance that USCIS schedules an interview to ask questions and assess credibility.
That interview may focus on:
- Relationship history and milestones
- Living arrangements
- Financial and household details
- Prior marriage timeline and divorce finalization
Preparation matters. Going in organized and consistent is often the difference between a smooth interview and a stressful one.
6) Don’t Over-Explain or Guess
One common mistake is trying to “fill in gaps” during forms or interviews with guesses or extra explanations that aren’t needed. USCIS cares most about consistency and credibility.
If you do not remember a date exactly, it is better to:
- Provide the best accurate estimate you can, and
- Keep your explanation simple and consistent across forms and interviews
How NPZ Law Group Can Help
Marriage-based green card cases involving a prior spousal petition are very manageable, but they should be handled with a careful strategy and strong documentation. NPZ Law Group can assist with:
- Evaluating filing risks based on your timeline
- Preparing the petition package with stronger evidence
- Planning for interview questions and supporting documents
- Addressing complicated facts in a clear and credible way
Final Takeaway
If you previously sponsored a spouse and are now planning to sponsor a new husband or wife, the case is usually possible—but expect more scrutiny. The best approach is to make sure your divorce is final, document your new relationship carefully, and prepare for questions about timing and prior filings.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information