This is a question for a friend at work.... I know, I know heard that before, but really!!

She was married to her husband for two years on an K-3 spouse visa. They got divorsed about 2 years later and he is now married again to a new lady. Isn't it true that you have to stay happily married with the first wife for 5 years in order to get citizenship. Is it a violation to divorse within the 5 years and remarry?? would he have to go home because of that???

Let me know, thanks!!

I don't think getting divorced and remarrying can be considered a "violation".

Getting citizenship doesn't depend on how long you were married (I am assuming the person who wants to apply for citizenship has a 10-year green card). There's no rule about being married for 5 years.

The timeline is not too clear to me but does your friend's ex-husband have his 10-year green card? Presuming that he does, unless your friend makes an official advice (with documented proof) to the USCIS that her ex-husband married her for the green card, then he is free to marry someone else and stay in the US. You are correct in that he will have to wait for 5 years (from the issuance date of the first GC) before he can apply for citizenship.

Where'd you hear that?

It all depends on if the first marriage was entered into for good faith, or was for the purpose of immigration only.

It is NEVER a violation of any immigration laws to get divorced. You can get divorced whenever you want. Now there are some consequences if that's done before 2 years, 3 years, etc...

If the immigrant and the US citizen are married for 2 years or less, and they get divorced, but are able to prove that it was a REAL marriage, but things just didnt work out, the immigrant may be able to apply for removal of conditions alone, it is hard but it is done all the time.

If the immigrant and the US citizen are married for more than 3 years and the immigrant has had a green card for more than 3 years, they are eligible to apply for citizenship early... if they are divorced after the 2 years but before the immigrant has had their green card for 3 years, then the only consequence is that the immigrant will have to wait 5 years to apply for citizenship.

Basically, as long as your friend (who I guess is the immigrant) stayed married for more than 2 years, he/she is ok.

Noone will be deported or have to go home because they weren't HAPPILY MARRIED for 5 years. You can't ask people to have a happy marriage... it either works out or it doesnt and the USCIS is well aware that some marriages are real but they don't work out and they don't want either of you to remain in a bad relationship because you are afraid of being deported.

Ok, thanks for all of your help. The gentleman was asking my friend for a letter explaining that they had a happy marriage for the time they were together but things didn't work out. She hasn't been treated well by him (the immigrant) and wanted to request he paid up some of the lawyer cost, a better child support plan. I didn't know what kind of leverage she had with the letter he's asking for.

From what you're all telling me is.............. the letter would help, but not kill him.

AndyMisiu,

No. If an alien does stay married to the petitioning spouse, happily or not, they are eligible to apply for citizenship 3 years after becoming an LPR. If they do not stay married then they are eligible to apply for citizenship after 5 years.

Your friend and you didn't bother to look at the USCIS' well written and informative Guide to Naturalizaton?

Yodrak

thanks, bud

Yodrak,

Now, would that differ from USCIS' well written and informative Guide to Naturalization? <pedantic, I know!!!!!> but I do so like to tease you, Kemo Sabe

diadromous mermaid,

Got me! Now, go to town but stay out of the saloon.

Yodrak