Divorce after 10 years green card

[Melian 0]

no credit for time served

What a lovely attitude toward your marriage to the person you love and want to spend the rest of your life with. No hint of visa fraud here!

[/snark]

[rsn 135]

no credit for time served

What a lovely attitude toward your marriage to the person you love and want to spend the rest of your life with. No hint of visa fraud here!

[/snark]

?

[KnightAndMagpie 7]

Not to stir things, but this guy had another thread in October before he had divorced his (now) ex-wife, and he had got his ten-year green card through marriage in September of this year. He was asking on that thread, too, how long it would take to get citizenship. While it may be legitimate, it does raise a few red flags to me that he decided to divorce her so quickly after getting his card, and he's pretty eager to ask about citizenship. Furthermore, the fact that he's even suggesting that he re-marry her after two and a half years just to apply for citizenship is a little dodgy (or more than!).

In any case, the OP will have to wait for five years, regardless of whether he remarries his ex-wife or not, as others have said.

Magpie.

Edited November 2, 2009 by KnightAndMagpie

[NickD 202]

Not to stir things, but this guy had another thread in October before he had divorced his (now) ex-wife, and he had got his ten-year green card through marriage in September of this year. He was asking on that thread, too, how long it would take to get citizenship. While it may be legitimate, it does raise a few red flags to me that he decided to divorce her so quickly after getting his card, and he's pretty eager to ask about citizenship. Furthermore, the fact that he's even suggesting that he re-marry her after two and a half years just to apply for citizenship is a little dodgy (or more than!).

In any case, the OP will have to wait for five years, regardless of whether he remarries his ex-wife or not, as others have said.

Magpie.

Both his and his US spouse marriage history with all evidence of marriages and divorce has to be shown on the N-400, certainly don't want to lie about that, he can let the USCIS decide or get the advice of an immigration attorney. To me and apparently to others on this board, the three year continuous relationship does not exist, would be a waste of time and money.

[KnightAndMagpie 7]

Both his and his US spouse marriage history with all evidence of marriages and divorce has to be shown on the N-400, certainly don't want to lie about that, he can let the USCIS decide or get the advice of an immigration attorney. To me and apparently to others on this board, the three year continuous relationship does not exist, would be a waste of time and money.

Indeed, it's up to the USCIS to make the final decision -- we can only speculate. While the OP may have his reasons, the fact that he's planning to re-marry his ex-wife is a tad unsettling. In any case, I sincerely hope that this isn't what it seems to be.

jMagpie.

[Melian 0]

no credit for time served

What a lovely attitude toward your marriage to the person you love and want to spend the rest of your life with. No hint of visa fraud here!

[/snark]

?

Shouldn't have said "visa" fraud since it isn't about a visa, but "fraud" - why, yes. I do believe marrying a US citizen for the purpose of getting citizenship once one has "served time" in the marriage is fraud (and, assuming the US citizen isn't in on the little plot, an incredibly low, despicable deed in any event)

I hope the OP gets what he deserves. As for payxibka, I don't know if that is his/her attitude or just a guess about the OP's attitude... if the latter, I agree, it probably is what the OP is thinking, and it's disgusting.

Edited November 2, 2009 by Melian

[payxibka 10,044]

no credit for time served

What a lovely attitude toward your marriage to the person you love and want to spend the rest of your life with. No hint of visa fraud here!

[/snark]

?

Shouldn't have said "visa" fraud since it isn't about a visa, but "fraud" - why, yes. I do believe marrying a US citizen for the purpose of getting citizenship once one has "served time" in the marriage is fraud (and, assuming the US citizen isn't in on the little plot, an incredibly low, despicable deed in any event)

I hope the OP gets what he deserves. As for payxibka, I don't know if that is his/her attitude or just a guess about the OP's attitude... if the latter, I agree, it probably is what the OP is thinking, and it's disgusting.

considering my post was edited in the reply.... it is easy to take what I posted out of context.... I posted that he does not get any credit for his time served in his original marriage, because the three year clock needs to be continuous and ongoing... no ability to have a 2 yr marriage, divorce, and re-start his marriage to the USC and get credit for the original 2 yrs of time previously married in hopes of only needing one more to make the three. The three years re-starts from zero after a divorce/remarriage.

Edited November 2, 2009 by payxibka

[msnoob 3]

Hi: I have a devorce from the woman whom i got my 10 years green card. My question is if I remarry with her again after 2 and a half year and apply for the citizen ship am i eligible for the citizenship after 2 years or I have to wait for 5 years ?

Thank You.

You must wait 5 years from when you received your Green Card. To get citizenship in 3 years, you must have a continuous marriage to the US Citizen. Even if you separated for a few weeks, you would not qualify for citizenship after 3 years because the marriage was not "continuous". You can still re-marry your ex for the purpose of mending your relationship, but it will not help you circumvent the immigration rules.

Edited November 2, 2009 by msnoob

[Melian 0]

payxibka - I know - I was talking about the prison analogy.

[SunDrop 59]

What's even more disturbing is his I130/ I1485 was only approved at the end of August this year! It took, according to the OP, 4 years of a 5 year marriage to get his GC approved and he's divorced by November....

Sure, it is more than possible that a 4 year separation put irreparable strain on the relationship, but good grief, makes me want to weep that the USCIS don't have a regulation that forces citizenship applicants to prove the marriage has carried on in a bona-fide manner since GC approval or have a 'minimum marriage length satisfaction' clause to eligibility. And I never thought I'd ever say that I'd like the USCIS to have more conditions to prove...

[Jamaican JNR 2]

Hi: I have a devorce from the woman whom i got my 10 years green card. My question is if I remarry with her again after 2 and a half year and apply for the citizen ship am i eligible for the citizenship after 2 years or I have to wait for 5 years ?

Thank You.

You do not qualify for the citizenship yet. You have to remain married and live with your spouce the USC for at least 3 years. You mentioned that you got divorced shy of the 3 years. I would suggest that you wait the extra years to make it 5 full years since you are became greencard holder, then apply for it.