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US citizen wants to get remarried.

Hickory, NC |

I am a US citizen and wish to marry a Dominican Republic Citizen. I have been seperated for over a year and divorce will be final the end of October. Can I marry a dominican citizen the next month after the divorce is final. He is in Domincan and we wish to marry there and do the K3 visa and not the K1 visa. I read a woman has to be divorced 10 months before remarrying is this for US citizens or just for Dominican Women? i want to make sure there are no problems with the K3 visa... Legally do we have to wait 10 months or not? Thanks so much.

Attorney Answers 1


In general, there is really no required wait time to get married as long as you are legally free to marry (already divorced).

The only exceptions impact not ability to marry but ability to sponsor - if you sponsored your first spouse, and wish to sponsor this one within a certain time it's an issue, and a U.S. citizen with prior domestic violence issues can have problems sponsoring.

With regard to the K-3, you first have to have the I-130 on file before you can even apply - and the K-3 takes almost as long as the green card process through the consulate would - so in most cases I just don't recommend bothering with it. I usually just recommend doing the I-130 consular process alone, and using the money you save by not doing the K-3 on an extra trip to see the spouse mid-process.

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