Skip to main content

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.
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. After 4 months he gots his US Citizen He finds his wife cheating with another woman and she confesses that she is gay. They are filing their divorce. He in this Sept 2013 is going to have 5 years since he got his Green Card.
3 months ago we decided to give us another chance and he wants to marry me...

+ Read More

Attorney answers 4


You asked this before. Here is my answer from before:
You can marry him at anytime once he is divorced. If at the time he petitions for you he has had 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 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


You can get married right away. The petition he files for you is very delicate, however, and should only be done with an attorney, as it will be highly suspect and scrutinized.

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.


He has to be divorced before he marries you, otherwise the latter will be a bigamous marriage and void. I suggest that he contact an immigration lawyer, whether myself or one of my colleagues, and obtain professional legal assistance. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.


However long it takes you to make the marriage arrangements.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Get Avvo’s 10-part divorce email series

A weekly guide with tips and legal advice for each stage of the process.

Divorce topics

Recommended articles about Divorce

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer