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Posted

Hi,

My sister was married for almost 4 years to a scumbag. Her removal of conditions got approved about a month or two ago and now she has her final GC. Sadly, she discovered her husband had been having an affair and it looks like the marriage is totally doomed! HE (not she) wants to divorce her IMMEDIATELY citing that he is no longer in love with her etc. etc. As heartbroken as she is, she is slowly realizing that he means it...... My question is this?

1. She will file for citizenship in 2 years (she cannot file now since he is divorcing her and he has moved out anyway) but she wants to know if the service will look at it strange that they got divorced shortly after 10 year GC received - Remember he is the one who filed, not she for the divorce

2. I was told that she cannot get married for the next 1 or 2 years (I think) or when she applies for citizenship it will look weird that she re-married within less than a year of divorce. Is there a 'statute of limitations period' or is it just baloney? I just wanted to be clear.

3. If she moves away from him, does she have to notify USCIS that her address has changed even though she is now a permanent resident?

Thanks guys

Posted
Hi,

My sister was married for almost 4 years to a scumbag. Her removal of conditions got approved about a month or two ago and now she has her final GC. Sadly, she discovered her husband had been having an affair and it looks like the marriage is totally doomed! HE (not she) wants to divorce her IMMEDIATELY citing that he is no longer in love with her etc. etc. As heartbroken as she is, she is slowly realizing that he means it...... My question is this?

1. She will file for citizenship in 2 years (she cannot file now since he is divorcing her and he has moved out anyway) but she wants to know if the service will look at it strange that they got divorced shortly after 10 year GC received - Remember he is the one who filed, not she for the divorce

2. I was told that she cannot get married for the next 1 or 2 years (I think) or when she applies for citizenship it will look weird that she re-married within less than a year of divorce. Is there a 'statute of limitations period' or is it just baloney? I just wanted to be clear.

3. If she moves away from him, does she have to notify USCIS that her address has changed even though she is now a permanent resident?

Thanks guys

1. A couple gets divorced, when a couple gets divorced...it will have no bearing upon your sister's eventual application for citizenship. You're right that upon divorce, a resident no longer has the eligibility to apply for citizenship after 3 years of residency (as is the case based on an ongoing marriage) and will have to wait until she reaches 5 years of residency, but the divorce itself will have no bearing on the citizenship application.

2. The length of wait-period before re-marriage depends on state laws, so it depends on what your state laws are.

3. She will have to notify USCIS of an address change, but she can do that by filling out the AR-11 form, for which download and instructions are available at USCIS.com.

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Posted

1. if she just got her 10 year green card that means that her 5 years as a permenant resident should be like 2.5-3 years away right?

2. wait period? I havent heard any...just that your divorce has to be final, but yes check the local laws

3. Yes she will have to notify the USCIS until she becomes a citizen. You can do it by AR-11 or do it online too

Check out the USCIS page here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

For our Full timeline

event.png

Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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