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How long should I wait to marry him after he divorced?

Clifton, NJ |

My boyfriend got his citizenship through marriage in 2012? Was married for 6 years and now is getting divorced and wants to marry me and help me get my green card. How long should I wait to marry him after he divorced?

Two years before he got married (2005), we had a son. After my son born he left and for 3 years I didn't know anyhing about him. When my son was 3 years is diagnostic with autism and I found his father to help me with our baby. After a year to see each other I was pregnant again but his wife never knew about this. And they continuous with their normal life. After 4 months he gots his US Citizen He finds his wife cheating with another woman and she confesses that she is gay. Right now they are filing their divorce. He in this September 2013 is going to have 5 years since he got his Green Card. 3 months ago we decided to give us another chance. Thanks for helping me...

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Attorney answers 6

Posted

You can get married immediately after he gets divorced. You need to retain an Immigration attorney when he petitions for you, because your case will be highly scrutinized based on the facts you present. It can be done but it has to be done right. Good luck to you.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

Posted

There is no waiting period for a USC to marry after divorce. As long as the marriage is bona fide, namely, genuine, for love and affection, not to procure immigration benefits, you are OK.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

This is for California. As my colleague suggested, you will check with your local marriage license office or county clerk to make ensure licensing requirement of your state and whether those requirements have changed.

Posted

You can marry him at anytime once he is divorced. If he got his Green Card less than 5 years ago he will have to prove that his first marriage was bona fide (but presumably he has done so already since he was granted residence based on it). Consult with an attorney for a more detailed explanation of what you can expect in the filing and interview process.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Posted

There is no waiting period. There may be questions of fraud by USCIS.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Asker

Posted

I'm sorry for bother you. Can you read my history and give me your opinion... Thank you very much! My boyfriend got his citizenship through marriage in 2012? Was married for 6 years and now is getting divorced and wants to marry me and help me get my green card. How long should I wait to marry him after he divorced? Additional information Two years before he got married (2005), we had a son. After my son born he left and for 3 years I didn't know anyhing about him. When my son was 3 years is diagnostic with autism and I found his father to help me with our baby. After a year to see each other I was pregnant again but his wife never knew about this. And they continuous with their normal life. After 4 months he gots his US Citizen He finds his wife cheating with another woman and she confesses that she is gay. Right now they are filing their divorce. He in this September 2013 is going to have 5 years since he got his Green Card. 3 months ago we decided to give us another chance. Thanks for help me...

Posted

In most states there is no waiting period except for the shirt wait after applying for a license (3-5 days). However, a few states have waits from 30-60 days.

Posted

There is no mandatory waiting period. The shorter the time, the more scrutiny. However, your facts are very complicated and could present serious problems during evaluation of your case by USCIS. He can petition for you as soon as you are married, but you need to consult with a lawyer to prepare your case.

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