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Ken63

F1 Student married to GC holder who divorced from US Citizen

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Hello


I hope you can help me to get a better idea about my situation and see if I should be worried.

My wife is Flipina , she came in the US in 2008 and met her husband ( same age) a US citizen few month after , they got married and she got a green card in 2010 . They divorced in 2012 and she had to file by herself for the 10 years green card .


It took time and she had to do an interview to check if the marriage was in good faith . Eventually she was approved for the 10 years green card and receive it in 2013 .

We meet and live together since the end of 2011 , I came in the US as a F1 student from Italy. I manage to stay here by doing studies and OPT, We got married one year ago.


She will be eligible for citizenship in 2015 and she is planning to petition me for a Green Card once she get her citizenship .


I am little bit worried because I have read so many stories about people losing their green card because of the N-400


What would you advice me :


1) If she sponsor me already (F2A) will I loose my EAD from my OPT and will it make the process faster once she get her citizenship? Is there a risk for her ?


2) Would it be better for her to get her citizenship then petition me or should we start both procedure at the same time ?


3) Because she is applying for citizenship after a divorce with a US citizen and already petitioning another foreigner into the country . Can her citizenship be denied or even worst ?


Thank you !

Edited by Ken63
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Filed: Timeline

The biggest c.r.a.p. in here is that you guys lived together by the end of 2011 and she divorced in 2012. That's ODD (in USCIS eye). You guys might going to have a hard time...quite hard time. I don't know how this limbo relationship is going to be affecting her citizenship though. Anyway, I would personally stick with option number 2 that you mentioned, but be prepared that you'll have to have real good evidences as she has a bit messy background there....

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Filed: IR-1/CR-1 Visa Country: China
Timeline

regardless, if chasing citizenship, must use the 5 year rule.

calculate the 5 years based on the first date in the first green card.

then add 6 months (for citizenship to be granted) and then

does all of that calendar fit into your plan ? yes? no ?

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