There is no legal requirement that you must wait a certain period of time before you can petition for your husband. You can file the I-130 petition for him as soon as you have been legally married. The marriage can take place immediately after his divorce has been finalized by the court. To establish that your marriage was done in good faith and not for the purpose of circumventing immigration laws, you can submit any evidence that would reflect on the validity of your marriage, including but not limited to, evidence of regular communication (phone records, letters, emails, etc.), photos taken together, birth certificates of any children born to the relationship, evidence of cohabitation (leases, mail received at the same address, etc.), evidence of commingling of finances (bank accounts, tax returns, receipts for major purchases, health/auto insurance, joint ownership of properties, etc.), and affidavits from people who have personal knowledge of your relationship.
Answered on Apr 09th, 2014 at 6:05 AM