How long do I have to wait to file for a visa for spouse? 3 Answers as of March 02, 2017

I am now just planning to get a divorce. I have been separated for 6 years but haven't been able to afford a divorce and other issuers (the guy has been hiding very well). I am currently going to hire an attorney and file for a divorce but I am going to marry a man by the end of this year. I filled for visa with the first guy (currently married to) but never kept up with the case and all the paperwork.

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Alena Shautsova
Alena Shautsova | Alena Shautsova
You do not have to wait any time. You can do it right after you get re-married.
Answer Applies to: New York
Replied: 3/2/2017
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Immediately after terminating a current marriage through divorce (thereby creating eligibility to remarry), and upon becoming married to the foreign national, a U.S. citizen spouse may commence a marriage-based adjustment of status application process for the new spouse - there is no additional waiting period. Note, however, that the USCIS can be expected to require not only documentary evidence proving that couple is living together in a bona fide marriage, but also evidence that the U.S. citizen spouse's initial marriage was bona fide notwithstanding that it ended in divorce. If the divorce attorney you engage is not familiar with these immigration legal issues, it may be helpful for that lawyer to consult with an immigration lawyer about documentation that may be obtainable in the divorce litigation and could be useful in the subsequent immigration case. Additionally, especially in light of this additional complication, it would be wise for you and your fiance to consult with an immigration attorney about immigration-related eligibilities, options and strategies as well as representation in the immigration application process.
Answer Applies to: Georgia
Replied: 3/1/2017
Universal Law Group, Inc. | Francis John Cowhig
You need to be divorced from spouse #1 before you can file a visa for spouse #2. Once your divorce is finalized, you should hire an experienced immigration attorney to help you petition spouse #2.
Answer Applies to: California
Replied: 3/1/2017
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