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Messybrownhair

question for a friend

By Messybrownhair in US Citizenship General Discussion

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Messybrownhair Experienced

Messybrownhair   251

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Since I am only in the AOS process, I have not had time to study ROC or naturalization, but my friends seem to think I know it all.

My friend just got his 10-yr GC this year and his USC wife just announced that she wants a divorce because she wants to reconcile with her son's dad (she had a son before they married).. This is news to my friend, but she is insisting so he just agreed. He is wondering when he can apply for citizenship? They have been married for over two years now.. He is under the assumption that you can only file for citizenship after 3 years if you stay married, and 5 if you don't? Can someone clarify this, thanks.. :)

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Yes, if he gets divorced, he will have to wait until he has been a PR for 5 years (so 3 more years from now).

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Messybrownhair Experienced

Messybrownhair   251

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted

Yes, if he gets divorced, he will have to wait until he has been a PR for 5 years (so 3 more years from now).

Okay, thanks! That clears it up.. :)

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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pookaphilus Proficient

pookaphilus   12

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Okay, thanks! That clears it up.. :)

Heya Pretty sis!!!...hehehe...as far as I know, application for citizenship relies on one's length of stay..other's can even push through their ROC even if they had divorced as long as they came here in good faith..you can check the USCIS website to clarify everything coz other's said you can apply for citizenship after your 3 years of stay here in US(which I'm not so sure about..hehehe)...God bless...

* K1 Journey

2009-12-09 -met online

2009-23-09 -became a couple(was so happy:)

2010-21-03 -visited Philippines(spent wonderful times together)

2010=27-03 -engaged(Yes!!)

2010-09-04 -went back to US :(

2010-29-04 -Filed I-29F

2010-04-05 -Received NOA1

2010-12-07 -NOA2 approved

2010-18-07 -Received NOA2 hardcopy

2010-26-07 -US Embassy(Manila) received our petition!!..(yahoo!!)

2010-04-08 -HAPPY BDAY MATT!!

2010-18-08 -Medical Exam-PASSED!!..God is so good!!

2010-26-08 -Interview @ USEmbassy- APPROVED( Thank you Lord!)

2010-03-09 -Got my Visa in Hand!!..Yepey..Thank God!!..

2010-17-09 -POE:SFO,CA

2010-23-10 -Wedding @ Springfield, MO

* AOS Journey

2010-07-12 -Filed for AOS & EAD(USPS Express Mail)

2010-08-12 -USCIS received the package

2010-14-12 -Received text & email from USCIS that they accepted our AOS & EAD Application..HAPPY BDAY MARIA!!

2010-20-12 -Got our NOA1 letters in the mail for our I-485 & I-765...A wonderful Christmas gift for us!!

2011-19-01 -Received Biometrics schedule!!

2011-07-02 -Biometrics done!!..thanked God!!

2011-17-03 -AOS Interview..APPROVED!!

2011-24-03 -GREENCARD received!!..it's green indeed!!..lol..

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Szilvia74 Contributor

Szilvia74   3

Posted
Filed: Citizen (pnd) Country: Hungary
 Timeline
Posted

If he is applying after 3 years he would be applying in the bases of marriage. He would be asked to prove that they are married in the application and at the interview. Your friend does need to wait until he is a permanent resident (check date on GC) for 5 years.

Heya Pretty sis!!!...hehehe...as far as I know, application for citizenship relies on one's length of stay..other's can even push through their ROC even if they had divorced as long as they came here in good faith..you can check the USCIS website to clarify everything coz other's said you can apply for citizenship after your 3 years of stay here in US(which I'm not so sure about..hehehe)...God bless...

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