how a divorce affect citizenship

[Chritiantroy 2]

hi, i got married to my wife in nov 2011, got my 2 year Card in may 2012 we lived together for a year then things didn't workout, we were fighting all the time, we were not compatible financially, now we don't live together anymore, we are in the process of divorce finalization, she met somebody else, me too, i checked NC law, and there is no waiting time to get married after a divorce, i was wondering if getting married again affect "ROC", or " citizenship", i did some reasearch and found that some people get married the same day they get divorced so they don't have to wait 5 years to apply for citizenship,

iwould apprecite your help, thank you.

[Lucy NY 1]

Have you or your spouse removed conditions???

[makebalayesarr 9]

If you are divorced to your wife ( petitioner ), yes it will affect both ROC & citizenship. You can finish up your immigration journey without her BUT you gonna have to prove that your marriage wasn't a scam wich you entered only to gain legal status. And if you can't provide anything substantial as far as real financial commingling then you going to be in a difficult situation to keep you GC. After a year with no child and no financial commingling like you enumerate it's unlikely that uscis will give you a free pass on this. I might be wrong but you better find an good attorney before the next move.

[Chritiantroy 2]

no I'm waiting for the divorce decree, i should get it in 10-15 days

[Chritiantroy 2]

my question is if getting married after i get divorced is going to affect my immigration case?

[Lucy NY 1]

Getting re-married after your divorce will throw up further red flags. I am also filing with a waiver, and yes it affects your petition in the sense, that you have to be prepared to give extra evidence of financial and co mingling evidence and also i included a note in regards to why we are getting divorced. I have every hope that my petition will be OK in the fact that I did come here in good faith and I have the documents to back that up. However, getting re -married? I do not know how that will effect in a good way?

[Chritiantroy 2]

i wanna get married not because im hoping it will help with the INS, but because i love this person and we want to get married, and how will Getting re-married after my divorce throw up further red flags?

[Anna Grant 169]

Because it may cast doubt on the authenticity of your 1st marriage. It could be considered that you had the 1st marriage to get to the US with the intention of actually being with the 2nd person.

[Chritiantroy 2]

that makes no sense but thanks for the help

[NigeriaorBust 4,087]

You will not be able to apply for citizenship until after 5 years of having a green card

[Navyk 78]

that makes no sense but thanks for the help

Technically speaking once you get your divorce done, you are free to get married to another person. But it is advisable to hold off on your 2nd marriage till you get your condition removed, as USCIS will make be hard on you.

You will not be able to apply for citizenship until after 5 years of having a green card

It is 3 years for this category.

[missicy 87]

It is 3 years for this category.

It is 3 years if you are still married to the same person when applying for citizenship.

i did some reasearch and found that some people get married the same day they get divorced so they don't have to wait 5 years to apply for citizenship

Don't know where you read this but it's complete nonsense. As soon as the marriage you got your GC through ends, you are no longer eligible to apply for citizenship based on 3-year rule.

[Darnell 8,478]

my question is if getting married after i get divorced is going to affect my immigration case?

it's my understanding,

that to qualify for the 3 year rule on citizenship,

you must still be married to the human that signed the I-864.

[VanessaTony 3,567]

that makes no sense but thanks for the help

Actually it makes perfect sense if you look at it like USCIS will.

You came to the US.

You obtained a GC through marriage to a USC.

Your marriage to the USC you got the GC through entered pretty quickly (before the 2 years).

You started dating someone else while married to the USC.

You marry someone else soon after divorcing the USC you got your GC off.

Basically, it looks like you married your first spouse to get to the US. Once in the US you divorced them to marry your "real" love. It looks like you used the first person, it was never a bonafide relationship, and why should they remove your conditions when you committed immigration fraud.

While this might not actually be what happened with you, it is common enough that this is the "go to" assumption if you begin another relationship "too soon" after your first one ended (or while it's still in process). It's one of the reasons why if you applying for a spousal or fiance/e visa after naturalising and a divorce from a USC, there MAY be a wait time for that application. it's to minimise fraud.

I would not marry again until after your ROC is complete. N-400 it won't matter. Also remember you need to file ROC as soon as your divorce is final, or during the 90 days, whichever comes first. So if you get your decree in about 2 weeks, you should file then.

[Chritiantroy 2]

Actually it makes perfect sense if you look at it like USCIS will.

You came to the US.

You obtained a GC through marriage to a USC.

Your marriage to the USC you got the GC through entered pretty quickly (before the 2 years).

You started dating someone else while married to the USC.

You marry someone else soon after divorcing the USC you got your GC off.

Basically, it looks like you married your first spouse to get to the US. Once in the US you divorced them to marry your "real" love. It looks like you used the first person, it was never a bonafide relationship, and why should they remove your conditions when you committed immigration fraud.

While this might not actually be what happened with you, it is common enough that this is the "go to" assumption if you begin another relationship "too soon" after your first one ended (or while it's still in process). It's one of the reasons why if you applying for a spousal or fiance/e visa after naturalising and a divorce from a USC, there MAY be a wait time for that application. it's to minimise fraud.

I would not marry again until after your ROC is complete. N-400 it won't matter. Also remember you need to file ROC as soon as your divorce is final, or during the 90 days, whichever comes first. So if you get your decree in about 2 weeks, you should file then.

first of all, i didn't get married to get to the US, i came to the US on my own, as a tourist then changed my status to a student, then got married, after we got married, my ex wife changed, started being aggressive and abusive "emotionally abusive", and after few months cheated on me and started dating someone else while we were "still married", we separated, and lived apart, and thats when i met the other person.

so i dont know what you mean by "too soon", the way i see it "i started a relationship with another person after my relationship with my wife ended ", however "my wife began a relationship with another person (cheated), while she was still in a relationship with me (married and living together).

but i can definitely understand what you're saying, i will file for ROC as soon as my divorce is final.

Thanks for the response.