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Overstayed,had my divorce in florida and wants to remarry

West Palm Beach, FL |

I am h2b visa holder but overstayed i have a boyfriend and he wants to marry me so i got a divorce here in florida my question is how long should i wait to remarry for the marriage to be valid? and will the ins grant me adjustment of status and will our marriage be valid(i mean if my us citizen boyfriend marry me?)

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Attorney answers 3

Best Answer

Hi. As long as you entered legally on your H2-b visa and you have legally divorced your may marry your boyfriend whenever you'd like. Once you are married he could petition for you as a US citizen right away...your marriage to him will be valid but only if you divorce first. Good Luck!


Spouses of U.S. citizens may apply for adjustment of status if they entered the U.S. lawfully. This is true even if they overstayed, otherwise violated their status, or worked without authorization. Whether the USCIS will grant the application depends upon a number of factors that are best discussed in consultation with an experienced, knowledgeable and effective immigration attorney.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
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You do not need to wait any specific period of time to marry your boyfriend after obtaining your divorce. I have had clients who were divorced in the morning and remarried in the afternoon. The issue for immigration purposes is whether your new marriage was legally entered into and is a bona fide marriage not entered into solely for immigration purposes.