H4->divorce->H4->GC

[Alex1683]

I'm on H1 and I gonna marry someone who's on H4 and currently is in a process of divorce. I'm wondering if anybody can give a quick overview about our best sequence of actions to get new H4 status for my prospective wife and finaly get a GCs together. I've already got my LC, I-140 was not filed yet. Are there any known problems for this process, or, in contrary, some succeseful experience? To make it simple, let's say, we're not going to leave USA during the whole process, I mean we can omit visa questions, speaking about proper status maintaining.

 

[jaxen]

If your fiancee is eligible to file divorce here only then you can add our spouse as h4 or do GC. As soon as divorce is granted, you can have a brief civil ceremony and then can apply for I140 and 485 for both of you.

Otherwise it is better to file the divorce at home country , as soon as divorce is granted , get married and get a fresh h4.

Accumulating out of status days will affect your spouse's GC processing in the future.

 

[Alex1683]

Do I understand right that her out-of-status days will last from final divorce date and getting the reciept from INS that they got H4 application? It's possible to make this term as short as 2-3 weeks, I think. Does it sound as an issue or not really?