If you immigration petition type allows derivatives (applicable to all EB categories) Yes. But former hu*****and's I-485 must be withdrawn and new hu*****and must maintain in US in legal non-immigrant status or otherwise protected by 245i, he can file I-485 when your PD becomes current, all the divorce/marriage history should be submitted as initial evidence.
Whether new hu*****and can submit "now" depends on whether your PD is current in your category. If both of you are China born and your eligibility based is one of the EB categories, the cut-off dates for all EBs are in 2000. Since you filed I-485 in 2003, so I guess your PD could be in 2000??
Whether new hu*****and can submit "now" depends on whether your PD is current in your category. If both of you are China born and your eligibility based is one of the EB categories, the cut-off dates for all EBs are in 2000. Since you filed I-485 in 2003, so I guess your PD could be in 2000??
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