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Marriage, Divorce, Remarrying

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Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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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.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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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.

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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)

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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.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-December-2018/
Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

 

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


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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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....


K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

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