Key Colony Beach, FL Immigration Law Firms & Lawyers

There's nothing to do.  No one will prevent you from leaving.  However, if you overstayed 1 year or more, when you leave, you will trigger the 10-year bar, which means you cannot return to the U.S. for 10 years.  Also, your visa(s) will automatically be revoked.

You may petition him but he may need to process the application in his native country but the unlawful presence waiver application could be processed in the US thereby shortening the time required to process the same in native country.

You may petition for your second wife immediately. Recently the FB-2a category was close to current so I would recommend this in case it jumps forward again. In any case the first stage is identical to what is required once you become a U.S. citizen so you are getting that stage out of the way. If you become a U.S. citizen before her Priority Date is current you can upgrade the case easily to immediate relative. For each and every marital filing the burden is on you to prove your current marriage is in good faith. Unless the government determined that your first marriage was fraudulent there is no need to include this evidence but you will be noting the name and date of birth of child. The five year rule you may be thinking of is that you may not file for citizenship until 4 years and 9 months after you became a PR - 90 days before your 5 year anniversary (It would have been 2 years and 9 months if you were still married to a USC). If we can help you with the permanent residency process for your current wife, contact me for a quote on fees, procedures, and timing.