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Divorced and Citizenship under 5 year rule - Please read my story and hlep

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Hello

 

I entered United States November 2014 on K1 Visa And got the 2 year green card in August 2015. Applied for ROC in May 2017 and I751 got approved in July 2018.

 

I was eligible to apply for Citizenship under 3 year rule in May 2018 but we were in moving process so I decided to apply after I get settle in new state. Meantime me and my wife have been having issues for more than a year. We moved to texas right after I751 approved in July 2018. After few months I applied for Citizenship under 3 year rule in November 2018 and in just 1 month I received Interview date was scheduled on January 22 2019. 

 

Right before the interview me and my wife have had huge arguments and decided to end the marriege. Since she left my house I did not have her Citizenship certificate to take with me to interview. 

 

I appeared at the interview and been very honest with officer. I told him my situation and asked him If i was not eligible under 3 year rule than i would like to withdraw my application. Officer was nice. He still took my test and told me I passed the test but He will not deny my application. Either he will send me Oath letter or If i m not eligible he will withdraw my application. Couple of days after My application got withdrawn and We got divorced legally in May 2019.  I believe I can apply under five year rule and I will be eligible to apply in May 2020. I have booked the tickets to go india and get married in Feb 2020 right before I will apply for naturalization. So below are my few questions. 

 

1. How will my application for Naturalization under 5 year rule be affected since i m divorced? 

2. Can I go India and get married before naturalization? If i get married does it affect my eligibility or my application?

3. Is it best for me to get naturalized before getting married? 

 

Please advice me. Thank you so much in advance. 

 

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1. It won’t.

2. Yes you can go to India. Being re-married doesn’t affect anything with regard to citizenship. 

3. Makes no difference to citizenship. 


 

 

 

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12 hours ago, Ejazsaiyed said:

Hello

 

I entered United States November 2014 on K1 Visa And got the 2 year green card in August 2015. Applied for ROC in May 2017 and I751 got approved in July 2018.

 

I was eligible to apply for Citizenship under 3 year rule in May 2018 but we were in moving process so I decided to apply after I get settle in new state. Meantime me and my wife have been having issues for more than a year. We moved to texas right after I751 approved in July 2018. After few months I applied for Citizenship under 3 year rule in November 2018 and in just 1 month I received Interview date was scheduled on January 22 2019. 

 

Right before the interview me and my wife have had huge arguments and decided to end the marriege. Since she left my house I did not have her Citizenship certificate to take with me to interview. 

 

I appeared at the interview and been very honest with officer. I told him my situation and asked him If i was not eligible under 3 year rule than i would like to withdraw my application. Officer was nice. He still took my test and told me I passed the test but He will not deny my application. Either he will send me Oath letter or If i m not eligible he will withdraw my application. Couple of days after My application got withdrawn and We got divorced legally in May 2019.  I believe I can apply under five year rule and I will be eligible to apply in May 2020. I have booked the tickets to go india and get married in Feb 2020 right before I will apply for naturalization. So below are my few questions. 

 

1. How will my application for Naturalization under 5 year rule be affected since i m divorced? 

2. Can I go India and get married before naturalization? If i get married does it affect my eligibility or my application?

3. Is it best for me to get naturalized before getting married? 

 

Please advice me. Thank you so much in advance. 

 

Not sure the difference of green card getting married and bring the wife to USA and citizen getting married and bring the wife to USA?

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16 hours ago, Ejazsaiyed said:

1. How will my application for Naturalization under 5 year rule be affected since i m divorced? 

2. Can I go India and get married before naturalization? If i get married does it affect my eligibility or my application?

3. Is it best for me to get naturalized before getting married? 

1. Your naturalization application will not be affected by the divorce. But bring your divorce decree as they might want to see it

2. You can go anytime. Just make sure not to break residence as that might actually affect your eligibility. Marriage does not effect your eligibility however.

3. You can get naturalized and get married in any order you want.

 

Now, keep in mind you cannot apply for the new wife until you've been an LPR for 5 years. You can start the application once you meet the 5 year residency requirement and later upgrade the petition once you become a USC. 



 

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4 hours ago, little immigrant said:

1. Your naturalization application will not be affected by the divorce. But bring your divorce decree as they might want to see it

2. You can go anytime. Just make sure not to break residence as that might actually affect your eligibility. Marriage does not effect your eligibility however.

3. You can get naturalized and get married in any order you want.

 

Now, keep in mind you cannot apply for the new wife until you've been an LPR for 5 years. You can start the application once you meet the 5 year residency requirement and later upgrade the petition once you become a USC. 

Thank you everyone for the response. So basically my 5 years will hit in August 2020 and than I will be able to apply for I130. That’s good to know. Thank you once again. 

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23 hours ago, Ejazsaiyed said:

3. Is it best for me to get naturalized before getting married? 

Yes, it's better. It's simply common sense. 


ROC sent 7/20

ROC received at SCS 7/23

Check cashed 8/3

NOA1 8/1

Applied for Naturalization 8/3

ROC transferred to NBC 9/12

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5 hours ago, SusieQQQ said:

Wait, you got divorced a few months ago and you already have a new wife lined up?  One that I presume you want to sponsor for a green card?

hmmm

 May be fall in love has no proper time line.  It will take time for him to bring his wife or fiance to US.  So by then , it will be more than a year of divorced and hopefully, he will heal by that time.  

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4 minutes ago, dilip said:

 May be fall in love has no proper time line.  It will take time for him to bring his wife or fiance to US.  So by then , it will be more than a year of divorced and hopefully, he will heal by that time.  

 

5 hours ago, SusieQQQ said:

Wait, you got divorced a few months ago and you already have a new wife lined up?  One that I presume you want to sponsor for a green card?

hmmm

I have not found anyone yet but hoping to find a life partner before india trip due to family circumstances and my parents health issues! Also as dilip mentioned it gonna take almost two years for my wife to be here. 

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5 hours ago, SusieQQQ said:

Wait, you got divorced a few months ago and you already have a new wife lined up?  One that I presume you want to sponsor for a green card?

hmmm

I wouldn’t even think something like that in my dreams! 

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1 hour ago, Ejazsaiyed said:

 

I have not found anyone yet but hoping to find a life partner before india trip due to family circumstances and my parents health issues! Also as dilip mentioned it gonna take almost two years for my wife to be here. 

Um..... ok. I can’t even pretend to understand this reasoning, and how you plan to marry someone in February but you don’t know who yet, but good luck. 

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1 hour ago, SusieQQQ said:

Um..... ok. I can’t even pretend to understand this reasoning, and how you plan to marry someone in February but you don’t know who yet, but good luck. 

Haven't you heard of arranged marriages? 

 

 

 

 

Edited by afrocraft

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8 hours ago, afrocraft said:

Haven't you heard of arranged marriages? 

 

 

 

 

Yes of course I have, I even have cousins who have them, but this is the first time I’ve heard anyone mention parent health issues as a reason for one. Live and learn, huh?

Edited by SusieQQQ

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19 hours ago, SusieQQQ said:

Um..... ok. I can’t even pretend to understand this reasoning, and how you plan to marry someone in February but you don’t know who yet, but good luck. 

MegentaLife posted honestly  about his situation in this board to get immigration related help.  Le'st help him what ever way we can related to immigration only ( my opinion )

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