but she remarries in 89 days before the 90 is up,. is her remarriage to an American legal?
If the law of the state where the marriage is entered is that one must wait 90 days, and the marriage is invalid under that law, then it is also invalid under immigration law. If the marriage becomes validated by removal of that impediment, it become valid under immigration law as well.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You should look to the law in the State (or country) where you remarried for the answer. If the State that you remarried in says you must wait 90 days after a divorce to remarry, then it is very likely that the new marriage may not be valid for immigration purposed. Go see an experienced immigration lawyer in your State because I'm sure this has been a common issue there.
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