Asked in Immigration Law

Q: How long newish naturalized citizen should wait to remarry after divorce?

I divorced 3.5 months after naturalization. I want to remarry ( non US citizen, she is from EU), and I wonder how long after divorce is “appropriate “ time to wait to remarry? Thank you!

My first spouse and I stayed in a very good relation, and our marriage was bona fide, however, emotionally we fall apart and decided is for best to divorce.

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2 Lawyer Answers
Barry Lee Frager
Barry Lee Frager
PREMIUM
Answered
  • Immigration Law Lawyer
  • Memphis, TN

A: There is no particular test that you must follow. USCIS will use their own "smell test", as I call it. If Immigration thinks that your first marriage was held together solely for you to get a green card and then three years later for you to apply for Naturalization, they will scrutinize your new case.

Certain State laws require you to wait at least 30 days from the final divorce decree before you can remarry in that State. You can check on that in the jurisdiction where you want to get remarried. If you are planning on petitioning your new wife for her green card, then you must be prepared to show the bona-fides of both marriages. If you, in fact, can show that both marriages were bona-fide at the inception of the marriage, then you should prevail on the new case for your second wife.

Of course, each case will be decided on the specific facts of that case, so no lawyer can guarantee an outcome that will be decided by a Government Official. Immigration has a right to inquire on your motives. You must be clear that your motive was not to manipulate the immigration process just to get a green card and then Naturalization. In my opinion, you should hire competent legal Counsel to assist you with this case.

Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: In general you are free to remarry. However, if you are marrying a person from outside the USA and sponsoring that person to immigrate, specially if that person is from the same native country as you, there will be questions related to the previous marriage and the current marriage. If you have any concerns I suggest you consult with an experienced immigration attorney.

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