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.
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.
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 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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.
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.