Tucker, GA Immigration Law Firms & Lawyers

You should consult with a domestic relations/family law attorney, rather than post a question to immigration lawyers, in order to get the legal advice you need. A domestic relations attorney in the U.S. also would be able to advise whether you need legal advice from a Dominican Republic attorney with expertise on child custody issues.

Generally, when a U.S. citizen becomes married to a foreign national who entered the U.S. lawfully and with inspection, she may sponsor him in a marriage-based adjustment of status application process immediately upon becoming married. This is true regardless of whether the U.S. citizen spouse previously sponsored a husband for immigration and then became divorced from that husband; this is also true regardless of whether the new husband may have overstayed an initial visa or even worked without authorization. Of course, there are many other details that determine immigration eligibility, and in the circumstances, you described you could expect the USCIS adjudicating officer to require documentation of the bona fide nature not only of your current marriage but also of the previous marriage notwithstanding that it ended in divorce. The application process may be significantly more complex than it appears from the review of the forms and USCIS website, and even more complex than you encountered in your the application process for your previous husband. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

It is not clear what you mean by "fix" your fiance's papers. Depending on how she entered the country and her current status, you may be able to petition for her after you have married. More information is needed to give any advice.