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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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Can a girl come to the us and marry a us citizen Then after

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Can a girl come to the us and marry a us citizen Then after 6 months she realize that the relationship is not working and falls in love with another us citizen. Can she divorce her first and remarry? And how long and the soonest this can happen?
Submitted: 2 years ago.
Category: Family Law
Expert:  Brandon M. replied 2 years ago.

B. T. Meyer :

Hello there:

Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience: Attorney experienced in all aspects of family law
Brandon M. and 9 other Family Law Specialists are ready to help you
Expert:  Brandon M. replied 2 years ago.
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Customer: replied 2 years ago.
What?
Expert:  Brandon M. replied 2 years ago.

Thank you for entrusting me with your questions.

 

Your first question was "Can she divorce her first and remarry?" The answer is "yes".

 

The second question was " how long and the soonest this can happen?"

 

The answer depends on the circumstances. To divorce in New York, the residency requirements must be met, so if there is a delay in establishing residency, it could delay the divorce proceeding. Residency for purposes of divorce can be established in one of several ways:

 

  1. The marriage ceremony was performed in New York State and either spouse was a resident of the state at the time of the commencement of the action and resided continuously in this state for one year immediately before the action began; or,
  2. The couple lived as husband and wife in this state and either one is a resident thereof and resided in this state for a continuous period of one year immediately prior to the commencement of the action; or,
  3. The grounds for divorce occurred in this state and either party is a resident thereof and lived in this state for a continuous period of one year prior to commencement of the action; or,
  4. The grounds for divorce occurred in this state and both parties are New York residents at the time the action is commenced; or,
  5. If you and your spouse were married outside of New York and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state -- either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this case.

 

So, hypothetically, the action could be initiated immediately, but (in New York) there could be a wait time of up to two years, depending on the circumstances.

 

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.

Customer: replied 2 years ago.
She want to get a divorce tomorrow. And she just got her temp card a few days ago. She love me and want to marry me. Her visa has expired this summer before she married her husban. Can she file the do less and stay in the us to marry me? How Long would that take and if there is any way by paying to speed the process.
Thanks
Expert:  Brandon M. replied 2 years ago.
Thank you for your patience.

There is no waiting period between the finalization of a divorce and the right to remarry in New York state. Once the divorce is final, either ex-spouse can remarry the next day (or even later in the same day).

There is no way to accelerate the process by paying more.

You mentioned that she would like to file for divorce tomorrow. My question would be if the residency requirements are met? If so, any spouse can file immediately. However, divorce may not be granted on the same day that it is filed in New York. The process typically takes a few months between the date of filing and the actual judgment. Once the judgment is obtained, the spouse may remarry immediately.

Let me know if further clarification is needed. Thank you.

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