Question!

[duster 0]

I wonder if anyone could help me with this (?)

I know that as a LPR married to a USC, I can apply for naturalization after three years as a GC holder.

What would the situation be for someone (not me) who has a 10 year GC and who was married at the time but divorced virtually as soon as they received the GC? Do they now have to wait for the 5 years instead of three ?

And suppose that someone married again (to a USC), how long would they have to wait then to apply?

This someone also has a USC Son and she seems to think that he could "petition" for her to become a USC - I think this is wrong but would appreciate some pointers.

Thanks in advance.

[milimelo 4,550]

5 years if she is not married to her (first) USC.

From marriage to another USC 3 years (marriage has to be 3 years and still living with the USC husband).

She may be better off to wait til she has 5 years of residency.

Her USC son can't petition for her to become USC.

[antda 13]

Hi Duster,

In answer to your questions:

-Yes, as an LPR married to a USC, they can apply for naturalization after 3 years, instead of the standard 5, as long as they are "married to the same USC for all those 3 years, and that USC has to be a citizen for at least 3 years".

-However, in your friend's case, since they are divorced, and not married to the same USC, they will have to apply for citizenship in the standard 5 years, instead of 3, regardless of current marital status. So just tell your friend to add 5 years minus 90 days from the 'residence since' date on their current green card, and thats the date onwards from when they can apply for citizenship.

-No need for a USC stepson to apply for them to become a USC, as your friend already has LPR status here (since they already legal have status, there is no need for an additonal petition to get them here as an LPR) and can apply on their own to be a citizen in 5 years minus 90 days onwards.

Hope this helps. Good luck with your friends and your immigration journey too.

Ant

I wonder if anyone could help me with this (?)

I know that as a LPR married to a USC, I can apply for naturalization after three years as a GC holder.

What would the situation be for someone (not me) who has a 10 year GC and who was married at the time but divorced virtually as soon as they received the GC? Do they now have to wait for the 5 years instead of three ?

And suppose that someone married again (to a USC), how long would they have to wait then to apply?

This someone also has a USC Son and she seems to think that he could "petition" for her to become a USC - I think this is wrong but would appreciate some pointers.

Thanks in advance.

Edited October 26, 2009 by Ant+D+A

[lucyrich 20]

What would the situation be for someone (not me) who has a 10 year GC and who was married at the time but divorced virtually as soon as they received the GC? Do they now have to wait for the 5 years instead of three ?

And suppose that someone married again (to a USC), how long would they have to wait then to apply?

It depends on the exact dates. Read the N-400 for details. Your friend can apply as soon as he's eligible to check box 2a or box 2b, whichever comes first.

http://www.uscis.gov/files/form/N-400.pdf

To check box 2a he'd need to be a LPR for five years.

To check box 2b he'd need to have all three of the following be true:

* Be LPR for the past three years

* Be married to and living with one USC spouse for the past three years

* The USC spouse would have to have been a US Citizen for the past three years

So, if he got a 10 year green card, via whatever method, and then married a USC one year later, he'd be eligible to check box 2b on the third anniversary of marriage, which would be after having four years of LPR status. If he got married to that USC more than 2 years after he got the LPR status, then the marriage won't provide a shortcut; he'd be eligible to check box 2a before he'd be eligible to check box 2b.

Also read the box on the bottom of page 22 of the M-476. He can file his paperwork 90 days before completing the required LPR time, but if he's checking box 2b the 90 day shortcut only works if, on the day he files, he has completed the full three years married to his USC spouse. So if the marriage happened after gaining LPR status, that effectively means there's no shortcut on the three year route.

[duster 0]

Thank you for your responses; all much as I thought but its nice to get a fresh perspective on it.

The person in question actually commenced divorce proceedings against her USC husband within a month or so of receiving her 10 year GC (she waited until the two year marriage anniversary before applying for AOS this avoiding the 2 year conditional card) !

I think her (now ex) USC husband would love to have her GC rescinded and for her to be deported double quick time because of all the deceit involved but it seems that there is very little that can be done now.

The responses to my original posting will give him some guidance though so thank you all again.