I want to get Married and My visa expired

[LanceA23]

What is the name of your state (only U.S. law)? VA

Happy New Year.

My boyfriend is US citizen and his divorce finalized Jan 5th, 2012. We would like to get married by the end of Jan. I then would file for a marriage visa. My question is: Could I marry him by the end of Jan and file for marriage or would I have to wait because visa is expired and the imigration office would question why he got divorced and married again so soon.

I would also like to add that his last wife was an immigrant as well.

 

[ImmigAttyLana]

As long as you entered the US lawfully, you can get married and then file for your adjustment of status on the basis of marriage. The only issue might be if your fiance's ex wife was petitioned by him as well. If not, then there should not be any problems.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.