You can marry anyone you choose. However, if your new spouse applies for permanent residence, your new marriage will be scrutinized by the government, especially if there was a finding that your prior marriage was done for the purpose of circumventing U.S. immigration law. Accordingly, your new spouse may not get a green card and you can both be charged with immigration fraud.
I would strongly suggest that you use an immigration lawyer. There is much more to our profession than filling out forms. There is a lot of analysis that occurs behind the scenes. Retain a lawyer and do it right the first time. Furthermore, epeating anything in the world of immigration is on a time scale of months or years. As a result, it can easily cost you more time and money to obtain an immigration benefit on your own than if you use an attorney. Plus, keep in mind that there are significant “opportunity costs” as well. (A good example is where someone has to re-submit a work permit application and wait a few additional months before working).
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
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 Avvo.com are intended as general information for the education of the public, and not for any specific individual.
I agree with Attorney Murray. Based on your past marriage, you should definitely get the assistance of an experience immigration attorney for assistance this time. Good luck to you.
Law Offices of J Thomas Smith, J.D., Ph.D.
11500 Northwest Freeway, Suite 280
Houston, TX 77092
You can marry once your divorce is final. however, I need more information to be able to give you a reliable answer, of you are interested in petitioning for him. this is not mentioned in your question. Are you a U.S. citizen? Did you petition for your first husband? What is the status of that?
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.