In much need of advice

[Tatiana99 2]

Greetings to all!

I want to share my situation with u all hoping to get some insight and advice i very much need at this time. My husband and and i have been married for 3 and a half years, just last year we filed my application with the USCIS and on April of this year 2011 i received my permenant G.C without conditions, praise the Lord! Everything was going great 'my husband and i have had a few minor arguments but last last week i found out he he got girl pregnant she is now 3 weeks wow....... I decided to leave our home and moved back with my parents, yesterday for the first time we got together to talk and he told me that i dont have to get back together with him he undestands and is sorry but said divorce is my choice since he knows i would like to become a citizen in 3 years to petition my mother... The other option he gave me was file for divorve and state the reason was because of his cheating in hopes i can still file for my citizenship within the 3 year period because the marriage is ending because of him.. We have already been married for more than 3 years but i am a permenant legal resident for only 6 months could it be possible to still file under the 3 year guideline for my citizenship w/ a no fault divorce on my part?? I want nothing more than to run to a divorce attorney and get the papers drawn so i can beging to heal from this great pain and embarrasment i am feeling, which i know wont go away until i am no longer married to him but than again he tells me to think about my mom ( he has much love for her)..... Ur advices are much appreciated. Thank uu =)

[lyndsaycribbs 17]

My understanding is that the 3 year rule only applies if you are still married to the original petitioner and the time starts from the date you became an LPR. If you divorce, regardless of who is to blame you will have to wait until you have been an LPR for 5 years.

Sorry about your situation.

[aleful 1,905]

Greetings to all!

I want to share my situation with u all hoping to get some insight and advice i very much need at this time. My husband and and i have been married for 3 and a half years, just last year we filed my application with the USCIS and on April of this year 2011 i received my permenant G.C without conditions, praise the Lord! Everything was going great 'my husband and i have had a few minor arguments but last last week i found out he he got girl pregnant she is now 3 weeks wow....... I decided to leave our home and moved back with my parents, yesterday for the first time we got together to talk and he told me that i dont have to get back together with him he undestands and is sorry but said divorce is my choice since he knows i would like to become a citizen in 3 years to petition my mother... The other option he gave me was file for divorve and state the reason was because of his cheating in hopes i can still file for my citizenship within the 3 year period because the marriage is ending because of him.. We have already been married for more than 3 years but i am a permenant legal resident for only 6 months could it be possible to still file under the 3 year guideline for my citizenship w/ a no fault divorce on my part?? I want nothing more than to run to a divorce attorney and get the papers drawn so i can beging to heal from this great pain and embarrasment i am feeling, which i know wont go away until i am no longer married to him but than again he tells me to think about my mom ( he has much love for her)..... Ur advices are much appreciated. Thank uu =)

so sorry you are going through this, but you cannot get your citizenship in 3 years, no matter what was the reason for divorce, you will have to wait 5 years.

to adjust under the 3 year rule, you have to be married to the petitioner, they will request all the documents that prove that you are still married to your husband, joint taxes, joint bank accounts, pictures, just like the first interview that you had to prove bona fide marriage.

[I AM NOT THAT GUY 5,715]

Whether it's a five years or three years, the clock starts on the date listed on your green card. If you keep the marriage together, you can file in two years six months less 90 days from now, otherwise it's 90 days before you accumulate five years as an LPR.

[Aloe 10]

Whether it's a five years or three years, the clock starts on the date listed on your green card. If you keep the marriage together, you can file in two years six months less 90 days from now, otherwise it's 90 days before you accumulate five years as an LPR.

Did she have a Conditional Green Card for the two years prior to the 10 year GC? If this is the case she could have filed sooner than the 2 years and 6 months you are saying. The time spent on the Conditional Green Card counts towards the three year period. Even though it is Conditional she was still a Lawful Permanent resident.

Technically if it took her the usual 6 months to receive her 10 year card and she has had it for 6 months she is probably within the period which she COULD apply for Citizenship of cousre only if she had the conditional card first. However, we don't know because she hasn't filled out a timeline and the fact that her marriage is no longer in tact means she has to wait an extra 2 years. Applying now under the 3 year rule on the basis of the marriage would not exactly be legal because she has already stated she wants a divorce and it is a requirement that the marriage still be intact, unless of course they repair the marriage.

I highly doubt that if you get a divorce now and you were only an LPR for 6 months they would allow you to apply at the 3 year mark based on your marriage.

The requirements for that are as follows.

Are currently married to and living with a U.S. citizen; AND

Have been married to and living with that same U.S.citizen for the past 3 years; AND

Your spouse has been a U.S. citizen for the past 3 years.

I could be wrong though and if I am someone please feel free to correct me!

http://www.uscis.gov/files/article/chapter4.pdf

[Aztec&Taino 144]

The date that is important is the one listed on the permanent resident card that reads "permanent resident since." If you remain married you can file for naturalization 3 years after the date you became a permanent resident. If you decide to divorce, you should then wait at least 5 years since the date you became a permanent resident. Will you be willing to stay married only (or mostly) for the interest of filing your petition sooner? How about the lost trust in your partner? The broken fidelity and loyalty to you? Will you try to work out this issue to save your marriage or to file your naturalization sooner?

[Tatiana99 2]

No i didnt get a conditional card first, i received the 10 yr one right after the interview.. Yes there are soo many factors i have to concider. Main one is that, that child will be born in a few months... Out of respect for myself i much rather wait the 5 years although i wish didnt have to jeapordize my moms well being in the decision i will have to make soon.. Thank you all for ur advices, facts and legal imput =)

[Canadian in GA 34]

Just wanted to chime in and say im sorry to hear what you :thumbs:are going though. you did a good tihng moving out.

[VanessaTony 3,567]

No i didnt get a conditional card first, i received the 10 yr one right after the interview.. Yes there are soo many factors i have to concider. Main one is that, that child will be born in a few months... Out of respect for myself i much rather wait the 5 years although i wish didnt have to jeapordize my moms well being in the decision i will have to make soon.. Thank you all for ur advices, facts and legal imput =)

Born in a few months? So you meant to say she's 3 months, not 3 weeks in the OP? Either way I would be PISSED. Man. At least he told you before you found out but still totally o.v.e.r.

[Tatiana99 2]

^^^ she is 3 weeks heck @ this point 9 months feel like a few lol...

[VanessaTony 3,567]

^^^ she is 3 weeks heck @ this point 9 months feel like a few lol...

Okay.. how did she know? Unless she was trying how many people know that early? 3 weeks isn't long.. might not even be viable. Is he SURE she's preggers? I know you hate him about now but I'd still be recommending a DNA test if she does end up with a baby.

[Jessica24 3]

I am so sorry that you have to go through all this!! Even though your husband is the sole reason behind the divorce ( if you are getting one), you cannot get your citizenship earlier than the required 5 yr period.

[Tatiana99 2]

Okay.. how did she know? Unless she was trying how many people know that early? 3 weeks isn't long.. might not even be viable. Is he SURE she's preggers? I know you hate him about now but I'd still be recommending a DNA test if she does end up with a baby.

Jess i found through my sister in law,, this chick let the whole world know on FB ahead of time, she went to the doc last Friday to confirm it because "she just knew she was",,, u are right 3 weeks is too soon so i think she was trying to get pregnant so she kept checking w/ a doc,, she will a month tomorrow from what i read... Ill wait to see the baby bump to make him sign the divorce papers so we will stop using my mom to make me feel guilty and as an excuss to just stay legally married.....

^^ sorry i meant Vanessa!

Jessica thanks for the info!!

[Nina~ 431]

So if it turns out that she is not pregnant, will you still stay with your husband knowing he slept with another woman?

[Tatiana99 2]

Nina im too hurt so no! The only thing that is stopping me is my mom.. Thats why i'm seeking the help but it seems like i cant do it now :/