How long after a Texas divorce do you have to wait to get married in New York to a non citizen? green card?

wedding planning new york
JackBlack asked:


I know this sounds complicated, but my husband and I have been living separate lives for a few years now and I am wanting to get remarried to my childhood sweetheart who is a British Citizen. We are wanting to get married and live in NYC. Everything with the divorce would be civil, if we file today it will be complete within 60 days. I would like my fiance to be able to work in NYC so thought we could get married via JP and plan our wedding a little later. I just want to get an idea of how long I have to wait to get remarried and what the process is like to marry a non citizen? Thanks!!!

 

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1 Comment so far

  1. Shub-Niggurath on June 10th, 2009

    I can’t answer the question on how long you would have to wait to get remarried. My _hunch_ is that as soon as your divorce is final, then you should be fine to marry, but do not take my word for it.

    As for what the process is to marry a foreigner, well, there’s nothing special to it. You apply for a marriage license and get married, and that’s it.
    If you’ll be getting married in the state of New York, take a look at this: - otherwise look at your state in .
    Can’t hurt to double check with your local city hall / courthouse.

    The question is how to make your spouse immigrate. I assume he’s not in the USA yet.
    Since you’re not married yet and he’s not in the USA yet, there are a couple ways you can go about this:
    - Apply for a K-1 visa, a.k.a. fiance visa, which makes him authorized to enter the US to get married within 90 days of entering. The process is straightforward but takes some months to process with US immigration (USCIS).
    - Get married in any way you like, then apply for a K-3 visa, which is similar to the K-1, except it’s for people who are already married. Again, that is a straightforward process but takes some months to process with USCIS.

    Pursuant to your divorce, you would have to show USCIS that your divorce is final, so make sure you have the relevant papers before starting any process with immigration.

    Here is a link to sum up your various options:
    (great community on that web site, too — I suggest you make use of it!)

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