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

Asked over 1 year ago - 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...

Attorney answers (4)

  1. Samuel Patrick Ouya Maina

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . 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 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  2. Yolanda Navarrete

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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... more
  3. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    1

    Answered . 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... more
  4. J Charles Ferrari

    Contributor Level 20

    Answered . 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... more

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