QUESTION
How long do I have to wait after divorce in NY state to re-married in another country?
Asked on Jul 18th, 2012 on Immigration - New York
More details to this question:
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.
14 ANSWERS
Rebecca T White
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.
Answered on Jul 26th, 2012 at 5:03 PM
Immigration and Naturalization Attorney serving San Diego, CA
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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.
Answered on Jul 26th, 2012 at 2:52 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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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.
Answered on Jul 23rd, 2012 at 7:56 PM
Civil Litigation Attorney serving New York, NY
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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.
Answered on Jul 23rd, 2012 at 2:31 PM
Immigration and Nationality Attorney serving Miami, FL
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CruzLaw PA
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In your case US law applies.
Answered on Jul 20th, 2012 at 9:00 PM
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.
Answered on Jul 20th, 2012 at 7:55 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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The law where you received your divorce.
Answered on Jul 20th, 2012 at 7:31 PM
William C. Gosnell
That would be 30 days.
Answered on Jul 20th, 2012 at 7:29 PM
Generally speaking, the law of the place in which you intend to marry will apply. So, if you plan to get married in the Dominican Republic, you will need comply with their laws. Have you considered applying for your boyfriend as your fiance and marrying him in the United States.
Answered on Jul 20th, 2012 at 7:22 PM
Generally, but with some exceptions (largely applying to marriages deemed to violate State public policy and interest) for a marriage to be recognized as valid by U.S. immigration authorities it must be valid in the place where the marriage took place. The quotation you included with your question does not appear to me to be a precise replication of a statute - it does not expressly state that a subsequent marriage within 10 months of a divorce is invalid - and it would be wise for you to get advice about Dominican Republic law from a lawyer licensed in that country. Once you have become lawfully married, it would be wise to work with a U.S. immigration attorney about properly completing steps for "consular processing."
Answered on Jul 20th, 2012 at 7:20 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You should comply with the law where the marriage will take place. If the marriage will take place in New York, then apply New York law. If it will be in the Dominican Republic, then you should comply with the law there.
Answered on Jul 20th, 2012 at 7:15 PM
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The laws of the country where the ceremony actually takes place should govern.
Answered on Jul 20th, 2012 at 7:14 PM
Appellate/Appeals Attorney serving Denver, CO
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Law Office of Michael P. Gianelli, LLC
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Generally, the law of the place of marriage governs its validity. Consult with an attorney prior to taking any action.
Answered on Jul 20th, 2012 at 7:14 PM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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If you are residing in the USA, and you get married in the USA, the laws of the USA apply.
Answered on Jul 20th, 2012 at 7:06 PM