Can Someone Divorce their Wife & Marry Another Woman while I-130 is in Process?

The answer depends on the status on which you entered the U.S. If you entered on a Colorado K-1 Visa, then you cannot adjust status based on any marriage other than the marriage on which you entered. If you entered in another status, then you may be able to divorce your current wife, remarry and adjust status based on the second marriage.

Be aware, however, that to obtain permanent residence based on the second marraige, you will have to demonstrate that both of the marriages were bona fide marriages entered into for legitimate reasons. This means that you will have to have objective evidence for both marriages that you intended to live together as a married couple. If you cannot prove this, then the judge may deny adjustment of status.

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