How long do I have to wait after divorce in NY state to re-married in another country? - Immigration Law Questions and Answers- LawQA.com

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How long do I have to wait after divorce in NY state to re-married in another country?

NY Divorce Law says no waiting period to remarried and Domincan Republic Divorce Law says " Women should wait 10 months to re-married after divorce".
I'm a naturalized US citizen, which law applies?

I want to marry my boyfriend and bring him to the US.

Answer By Rebecca White
Law Office of Rebecca White
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If you want to marry first, the marriage must be valid in the country the marriage takes place. If you want to use a fiance visa, and marry in the US, US laws would apply.

Answer Applies to: Washington
Replied: 7/20/2012

Answer By Lynne Feldman
Feldman Feldman & Associates, PC
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U.S. law would allow you to get married the next day. If you are getting married in a foreign country, you have to follow the laws of that country. Perhaps go to a third country to marry.

Answer Applies to: California
Replied: 7/20/2012


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The law that applies will be the place in which you want to get married. If you would be eligible to marry here sooner, you have the option of bringing your boyfriend here on a fiance visa.

Answer Applies to: Wisconsin
Replied: 7/19/2012

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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For the marriage to be valid for U.S. immigration law, the marriage must be valid in the place where it occurs. If you can legally marry in Dominican Republic, then it would be valid for immigration purposes. However, if the marriage would not be valid, you could wait the ten months or consider filing a fiance visa.

Answer Applies to: New York
Replied: 7/19/2012


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If you marry in the U.S., you follow U.S. laws. If you marry in the Dominican Republic or any other country, you must follow the laws of that country.

Answer Applies to: California
Replied: 7/18/2012

Havens & Lichtenberg PLLC
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If you try to marry your boyfriend in Dominican Republic, most likely, the law of that jurisdiction will govern (simply speaking, they will deny your request to be married there), and your U.S. citizenship does not matter because you would be asking the Dominican Republic, not New York, to register your marriage. Besides, even if you do manage to persuade an official to solemnize your marriage there, you can run into a trouble later in the U.S. The immigration law here recognizes a foreign marriage only if it was done in compliance with the laws of the country where it was performed. So, I would say, if, by the Dominican Republic's law, you cannot get married there for 10 months, then don't! Bring him here on a fiance visa and marry him in New York instead.

Answer Applies to: New York
Replied: 7/18/2012

Answer By Alina Cruz
CruzLaw PA
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In your case US law applies.

Answer Applies to: Florida
Replied: 7/18/2012

Law Offices of Svetlana Boukhny
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IF you are bound by Dominican law (you need to find out with an attorney who practices there) but you are free to marry in NY, you can just submit a fiance visa petition for your boyfriend and then marry him in the US once he gets his fiance visa and enters the US on that visa.

Answer Applies to: California
Replied: 7/18/2012

Answer By MARIA MCINTYRE
NAYAR & MCINTYRE LLP
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It depends on where you plan to marry. If that is in the DR, you should follow the laws of that jurisdiction.

Answer Applies to: Texas
Replied: 7/18/2012

Answer By Aime Katambwe
World Esquire Law Firm
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The law of the place where your official marriage will take place. If you marry him in the Dominican Republic, then their law applies. Vice-versa.

Answer Applies to: California
Replied: 7/18/2012

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