Marriage, Divorce, Remarrying

[AA100 19]

Hi VJ Members,

If someone gets divorced and remarries straightaway or after sometime while on their conditional or permanent green card, would they still qualify for 3 year from the date of first green card rule for US citizenship?

Thanks

[Kastrs 723]

no

[mallafri76 1,012]

I believe the three year rule applies if married to the same person throughout the three years. So if someone divorces and then remarries, the three year count starts at the new marriage date.

[arken 4,197]

You have to remain married for 3 years with a citizen to be able to apply for citizenship. So in your case, the date from first green card does not apply. If you divorced before that 3 year period, you have to have GC for 5 years to be able to apply for citizenship.

In either case, you have to have a strong compelling reason for divorce and second marriage right after divorce to not delay citizenship processing after applying N-400.

[Transborderwife 4,666]

It's tied to the green card

[AA100 19]

You have to remain married for 3 years with a citizen to be able to apply for citizenship. So in your case, the date from first green card does not apply. If you divorced before that 3 year period, you have to have GC for 5 years to be able to apply for citizenship.

In either case, you have to have a strong compelling reason for divorce and second marriage right after divorce to not delay citizenship processing after applying N-400.

I am not too clear on what you said. My question is about divorce and remarrying. If within a period of 3 years if somone goes through divorce and then remarries, can they claim citizenship after 3 years.

1) What would be the eligibility for citizenship if they remarry on conditional green card? (Divorce before 5 year GC)

2) What would be the eligibility for citizenship if they remarry on Permanent green card? (Divorce after 5 year GC)

Appreciate your help.

[AA100 19]

Hi,

It's not "or." It's "and".

Here is the 3 years rule for naturalization - For the last 3 years before applying for naturalization, the applicant MUST;

1. Had a green card for the last 3 years; AND

2. Been married to a US citizen for the last 3 years; AND

3. Lived with the US citizen for the last 3 years.

In addition, a couple that divorces or is not living together can not use the 3 years rule. Also, the US spouse must have been a citizen for all three years (cannot count 2 years of being an LPR and 1 year of being a US citizen).

My question is about divorce and remarrying. If within a period of 3 years if somone goes through divorce and then remarries, can they claim citizenship after 3 years.

1) What would be the eligibility for citizenship if they remarry on conditional green card? (Divorce before 5 year GC)

2) What would be the eligibility for citizenship if they remarry on Permanent green card? (Divorce after 5 year GC)

[dwheels76 5,459]

I am not too clear on what you said. My question is about divorce and remarrying. If within a period of 3 years if somone goes through divorce and then remarries, can they claim citizenship after 3 years.

1) What would be the eligibility for citizenship if they remarry on conditional green card? (Divorce before 5 year GC)

2) What would be the eligibility for citizenship if they remarry on Permanent green card? (Divorce after 5 year GC)

Appreciate your help.

Were you a LPR for 3 years and married to the citizen that you got the green card through for 3 years? That is the criteria. Both you have to meet. Not just married to a citizen for 3 years.

Whether you re-married when you had a 2 year green card or 10 year green card you still have had to be married to US Citizen for 3 years and be a green card holder for 3 years

Hope that helps.

[arken 4,197]

Are you talking about remarrying to the same person or different person?????

[arken 4,197]

Case 1: person divorcing and remarrying during conditional residence

Conditional residency is given for 2 years before the expiry of which, the couple should jointly apply for removal of condition to get the permanent GC. 1 year later (having been with same US citizen) for 3 years, the person can apply for citizenship.

In your case, if the person divorces within the 2 year conditional period and remarries to another US Citizen, then at some point, that person has to apply for removal of condition toward the end of expiry of that conditional GC. During that time, USCIS might reject the application based on the fact that the person married, divorced and remarried. Lets say USCIS accepts the application for watever convincing reasons and removes the condition on GC, then the person now has permanent residency.The permanent residency has nothing to do with the second marriage but since the person is no longer associated with the first marriage, the 3 year residency requirement for citizenship is not applicable. Hence the person can apply for citizenship 5 year after getting that conditional green card.

If the person divorces and applies for removal of conditional residence and gets approved and then gets married to another US citizen, the person already has the permanent residence but is no longer associated with first marriage. Hence 3 year is not applicable, the person can apply for citizenship after 5 years of getting the green card from first marriage.

Case 2: Person divorcing and remarrying during permanent green card

Since the person already has permanent green card but is divorced from the first marriage which was the basis of green card, the person cannot apply for citizenship after 3 years of getting the first GC but can apply only after 5 years of getting first GC.

[Ryan H 3,790]

***Moved from IR-1/CR-1 Process & Procedures to US Citizenship Discussion. Hijack post and reply to said post removed.***

[_Paul&Jesica_ 70]

My question is about divorce and remarrying. If within a period of 3 years if somone goes through divorce and then remarries, can they claim citizenship after 3 years.

1) What would be the eligibility for citizenship if they remarry on conditional green card? (Divorce before 5 year GC)

2) What would be the eligibility for citizenship if they remarry on Permanent green card? (Divorce after 5 year GC)

The answer to your initial question, is no. Eligibitliy for citizenship begins on the day the GC is issued. To be eligibile to apply for Citizenship in 3 years from issue of GC, you have to remain married to the same USC for those entire 3 years. Otherwise, you are eligible to apply for Citizenship in 5 years from issue of GC regardless of who you are married to, or if not married at all.

1) The conditional GC is only valid for 2 years and then you have to file for Removal of Conditions (ROC). If you divorce the original USC prior to ROC, then you have to take additonal steps for the ROC to recieve your 10 yr GC. You elligbility for Citizenship, assuming your ROC is successful, would be 5 years from issue date of the conditional GC.

2) For Permanent (10yr) GC, assuming you entered the US after 2 years of marriage, you are elligible for Citiizenship 5 years from the issue date of the 10yr GC.

The only way you can get Citizenship in 3 years from date of first GC issued is to remain married to the original (petitioning) USC. All other cases it is 5 years from date of first GC issue.

Hope that clarifies it for you....

[yahya_marie 5]

No, you can't qualify under the 3 year rule. You have to be and remain married to the same US citizen who brought you to the states.