Under U.S. immigration law sponsoring a second spouse is legally allowed, but there are requirements to keep in mind.

1. LEGITIMACY OF THE MARRIAGE

The USCIS will scrutinize marriages involving a second spouse more closely to ensure they are genuine marriages and not solely for immigration benefits.

THE PETITIONER MUST PROVIDE AMPLE EVIDENCE

1. Joint leases

2. Financial records

3. Photos showing a genuine relationship

This is particularily crucial if the previous marriage also involved a green card sponsorship.

2. PREVIOUS MARRIAGE HISTORY

If you have previously sponsored a spouse USCIS will carefully review the details of your prior divorce. It is important that the divorce is legally finalized before marrying and sponsoring a new spouse.

3. AFFIDAVIT OF SUPPORT

The U.S. citizen petitioner must submit an Affidavit of Support (Form I-864) so they can financially support their spouse and prevent them becoming a public charge. It is important to note you are still responsible for that person financially until they become a U.S. citizen or have worked in the U.S. for 10 years.

4. CONDITIONAL PERMANENT RESIDENCY

If the marriage is less than two years old at the time the green card is approved, the foreign spouse will recieve conditional permament resident status which is valid for two years. After this time is up the couple must file to remove the condition together, providing further evidence to show the marriage is still legitimate. This requirement is also existant for first-time spousal sponsorship.

5. TIMING OF THE SPONSORSHIP

If there are any signs that the marriage was rushed or the previous marriage ended under suspicious circumstances, USCIS will opt to investigate the case further.