Legal Question in Family Law in California

Dear Sir/Madam,

My divorce will be final in Oct 2009. I married my spouse in China in 1997. If I want to marry another Chinese lady again after my divorce is final, do I need to wait for 5 years after my divorced is final in October 2009? Is there a US law mandate? Please advise?

Thanks in advance,


Asked on 8/24/09, 2:32 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

I think what you're really asking about is an immigration question. No, there is no such mandate that you have to wait 5 years after the divorce before you can marry another lady from China. Your first immigration petition for your ex-wife was done over 10 years ago, which is long enough. USCIS will certainly ask you some questions about your relationship to your ex, but if that marriage was bona fide and now ended up in divorce, that will not affect the new marriage. Your new wife should also be able to receive her green card if your marriage to her is bona fide.

Larry L. Doan (blog)

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Answered on 8/25/09, 2:35 am

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