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My friend married on march 27/2013 and he is a non citezen, he wants to divorce, would that affect him if he wants to re marrie?

Fullerton, CA |

He told me he rush it and that at first it seem perfect and right but later he realize she was not right for him. I heard that one can disolve it before two months after the civil ceremony. His wondering if he divorces her and later on down the road could he still apply for citenzenship if he marriess again to someone that is right for him?
He has not applayed for citezenship yet.

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Attorney answers 3


If he has never applied for any immigration benefits through his first marriage, there is no reason he can't divorce and re-marry and seek immigration beenfits (permanent residency first and years later citizenship) as long as the second marriage is in good faith and not just for immigration benefits.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law


That would depend on whether USCIS finds the first marriage to have been fraudulent.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


If there was no fraud, there should be no problem.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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