Applying for a US Citezenship

[batiatus 0]

Posting for a friend of mine.

Was married in the Philippines with kids. She moved to the US and filed for divorce. She got married in 2009 and petitioned her two children. She now has a greencard. was able to bring her kids in the US. He 5 years is up to apply for US citizenship, but someone told her she cant apply for US citizenship since she was married in the Philippines. Is this true? She can get a greencard but cant apply for US Citizeship?

[belinda63 3,022]

False, She is eligible to apply for citizenship five years minus 90 days from the resident since date on her green card.

[Ketsuban 1,034]

Doesn't matter where in the world you marry, as long as it's recognised by the US.

[Shub 78]

Go to http://www.uscis.gov/n-400 and click on the "Document Checklist, Current Fees, Naturalization Eligibility Worksheet" link, then fill out the eligibility worksheet. There are many factors that influence your eligibility to apply for citizenship, but when you're applying based on the 5-year rule, it doesn't matter whether you're married or single, or where in the world you were married. Especially not if you're now divorced.

[batiatus 0]

Should she apply with option 1 living in the US last 5 years or base on marriage?. She got her green card base on marriage and still married to that person. But she is divorce with her first husband. She filed for divorce here in the US and never filed for annulment in philippines

[Shub 78]

Oh, I misunderstood. That could be a problem if her first marriage is still current. You said she filed for divorce, but she'll be required to provide evidence that the divorce was granted.

[batiatus 0]

Oh, I misunderstood. That could be a problem if her first marriage is still current. You said she filed for divorce, but she'll be required to provide evidence that the divorce was granted.

Yes she filed for divorce here in the US and it was granted. She got married again to a US citizen and was able to a greencard.

[Shub 78]

Then it sounds to me like there should be no problem for her to apply for citizenship whenever she is eligible. If she's been a green card holder since 2009 due to her marriage to a US citizen, then she should be able to apply under the 3-year rule.

I would like to hear the other person's rationale for saying she cannot apply because she was married in the Philippines (and that's an ambiguous statement -- do they mean she can't apply because she's been married before, or do they mean she can't apply because she got married in the Philippines)...

[Dave&Roza 748]

Then it sounds to me like there should be no problem for her to apply for citizenship whenever she is eligible. If she's been a green card holder since 2009 due to her marriage to a US citizen, then she should be able to apply under the 3-year rule.

I would like to hear the other person's rationale for saying she cannot apply because she was married in the Philippines (and that's an ambiguous statement -- do they mean she can't apply because she's been married before, or do they mean she can't apply because she got married in the Philippines)...

The question comes down to whether she is still married to the first husband and thus the second marriage is not valid. Due to PI law it gets very complicated as to whether a citizen of the PI can be granted a divorce. So the question becomes if a citizen of the PI gets married in the PI, but later files for divorce in the US, is that person still married until they get a divorce in the PI. I know that if they want to get married and have the PI recognize the second marriage then the first marriage must be annulled in the PI. The US considers her divorced, but as a citizen of the PI is it okay for her to get remarried without filing the proper paperwork in the PI? I leave that up to those that are up on PI marriage laws.

OP: wait for the 5 year mark so the marriage has no bearing on your citizenship, plus you are so close it really does not matter and the amount of paperwork required is much less. All you have to do is show that you have been a LPR for the past 5 years which a copy of the GC will do, the number of days outside the US which a copy of your entire PI passport will do, tax transcripts, and residency in the USCIS district.

Good luck,

Dave

[batiatus 0]

The question comes down to whether she is still married to the first husband and thus the second marriage is not valid. Due to PI law it gets very complicated as to whether a citizen of the PI can be granted a divorce. So the question becomes if a citizen of the PI gets married in the PI, but later files for divorce in the US, is that person still married until they get a divorce in the PI. I know that if they want to get married and have the PI recognize the second marriage then the first marriage must be annulled in the PI. The US considers her divorced, but as a citizen of the PI is it okay for her to get remarried without filing the proper paperwork in the PI? I leave that up to those that are up on PI marriage laws.

OP: wait for the 5 year mark so the marriage has no bearing on your citizenship, plus you are so close it really does not matter and the amount of paperwork required is much less. All you have to do is show that you have been a LPR for the past 5 years which a copy of the GC will do, the number of days outside the US which a copy of your entire PI passport will do, tax transcripts, and residency in the USCIS district.

Good luck,

Dave

Thank you . I will relay this to her.