I do understand her feelings of urgency, as she wants to get married and start the legalization process as soon as possible to avoid any threat of removal at this point. And I also understand your concerns of the appearance of impropriety.
The frustrating thing is, both of you are right. Technically, there is no required wait time for her to be married, once she is divorced. But technicalities are often not the considerations, when an officer uses his or her gut feelings to make determinations on the bona fides and good faith of a marriage, as it relates to immigration
And so the longer one waits, and presumably continues to establish a stronger relationship with the new spouse, the less improper it looks, i.e the less likely it appears that the basis for undertaking the marriage was for the purpose of immigration.
However many people have successfully gone through the process doing exactly what your nanny wants to do. It is just that it was a little more difficult, and required a strong showing that the relationship was, in fact, real and authentic, and not for the purpose of gaining immigration benefits. To that end, if this relationship has been long standing, even when she was still married to her ex-husband from El Salvador, and she can prove that the relationship has been ongoing for years, it won't be such a problem that she just got divorced, and is already getting re-married. In other words, the appearance of marriage for the purposes of protecting her from immigration penalties can be explained away by virtue of the fact that, irrespective of the fact that she was married to someone in El Salvador, she had an ongoing, real, authentic, romantic relationship with the US citizen. And now that her other marriage has been dissolved, she is free to marry this person.
So while you are right that it would be better to delay the marriage so that it appears less likely that it was undertaken for the purpose of gaining immigration benefits, if she can show the relationship has been and continues to be a real, authentic relationship, she could overcome the burden she would face. If she decides to get married now, I would strongly urge her to get an immigraiton attorney to help her prepare for the immigration process.
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