Legal Question in Immigration Law in California
Remarriage to an alien nation after divorce for US Citizen.
I am an Indian Citizen. The girl I am going to marry was married to an Indian peron and recently got her divorce. I came to know that she will have to wait for the period of two years if she wants to marry any person other than US Citizen after divorce according to the law.
My Girl-friend is born US citizen and is 5 months pregnant from her ex husband and she needs me near her.
Can this two years waiting period waived off? How we can marry earliest possible?
Please help!Thanks.
3 Answers from Attorneys
Re: Remarriage to an alien nation after divorce for US Citizen.
I think you might be confused. If your fiancee' has a final decree of divorce she should be free to marry anyone regardless of nationality.
I she does get married with you, you will be entitled to a conditional permanent residence permit (green card) subject to re-examination after two years.
This is done to ensure that the marriage was entered in good faith. I think this conditional period of two years might be what you are referring to in your inquiry. However, you will be entitled to your green card immediately pending re-examination after two years.
Pls let me know if I can be of further assistance.
Re: Remarriage to an alien nation after divorce for US Citizen.
Thank you for your inquiry. Your fiancee is free to marry at any time after her divorce is finalized. As such, you may marry her immediately. I am not sure if you are in the U.S. or if you are in India. If you are outside the U.S. you may enter on a fiancee visa and marry her after your entry. If you are already in the U.S. on a valid visa, you may marry her immediately and would be eligible to apply for a green card. Please feel free to contact me directly if you have further questions or concerns at 619.233.0900.
Sincerely,
Re: Remarriage to an alien nation after divorce for US Citizen.
There is no such rule; she may marry you at any time after her divorce is finalized. You must have documents to prove this in the filings of either a fiance or spouse.
Feel free to visit my website at www.neenalaw.com and read the article entitled "To K or not to K: A Good Question"
You may email me for additional information.