By marrying a Cuban CU6 you can apply for your green card immediately if you meet all the other requirements of the CAA. Once you obtain your GC you will have to wait five years from the time of adjustment of status to become a citizen. I strongly suggest you hire an immigration attorney as your prior petition may become an issue.
After you get divorced, you can get married again. Then you can apply for green card ( an attorney should check your eligibility) and only after that you can apply or citizenship. It will probably take you around 7 years to get citizenship, maybe a little bit sooner.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
The best bet will be for your new wife to naturalize (assuming she's eligible) and then file for you. Otherwise you may have issues adjusting status as you've been out of status and working (see INA 245(c)).
I agree with Attorney Shautsova.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.
Assuming your complete your divorce and are married to your Cuban Girlfriend (who is then your wife) you can apply for permanent residence under the Cuban Adjustment Act. When the case is approved your residence date will be "rolled backed" (i.e. backdated) up to 30 months prior to the date of approval, but in no event earlier than the date of your marriage or entry into the United States. This is a special provision under the Cuban Adjustment Act. Thus, if you are married on 06/01/2013 and your case is approved on 02/01/2014, your residence will accrue from 06/01/2013, the date of your marriage. You will eligible for naturalization on 06/01/2018 (5 years after becoming a lawful permanent resident) though the application can be filed 90 days in advance of your eligibility date.
Since you have a prior immigration history (even though you failed to show up for your prior interview), consult with an experienced immigration attorney for advice on how best to proceed given the facts of your case.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.