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Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

It is 3 years for this category.

As others have told you also It is only 3 years when you are still married to the person you got your green card through. If you want to believe others , go ahead and file. USCIS will take your money and you WILL be denied.

This will not be over quickly. You will not enjoy this.

Filed: Timeline
Posted (edited)

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

No, to qualify for the 3 year rule, you just have to be currently married to a USC and have been married to that same person for the past 3 years, and that person was a USC for those past 3 years.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9934.html

So if the OP gets married to a USC right now (and they have gotten a green card for less than 2 years), then, yes, it could be a little bit quicker til they qualify for naturalization (now + 3 years). However, the difference in time vs. the 4 year rule is very small and I don't think it's worth it given the additional red flags for ROC.

Edited by newacct
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

I likes the 5 year rule, myownself. Just sayin...

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Posted

No, to qualify for the 3 year rule, you just have to be currently married to a USC and have been married to that same person for the past 3 years, and that person was a USC for those past 3 years.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9934.html

So if the OP gets married to a USC right now (and they have gotten a green card for less than 2 years), then, yes, it could be a little bit quicker til they qualify for naturalization (now + 3 years). However, the difference in time vs. the 4 year rule is very small and I don't think it's worth it given the additional red flags for ROC.

so if i understand im going to use dates because its getting a bit confusing, i got married in NOV 2011 and i got my GC (2 years green card), in may 2012, since im getting divorced, i wont be able to file for USC until 2017, however if i get re-married after getting divorced, i will have to count 3 years after the date of my second marriage to apply for USC,?

(ex: i get re-married in nov 2013, then i will be able to apply in 2016?)

Filed: Timeline
Posted

so if i understand im going to use dates because its getting a bit confusing, i got married in NOV 2011 and i got my GC (2 years green card), in may 2012, since im getting divorced, i wont be able to file for USC until 2017, however if i get re-married after getting divorced, i will have to count 3 years after the date of my second marriage to apply for USC,?

(ex: i get re-married in nov 2013, then i will be able to apply in 2016?)

Yes, according to my understanding.

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

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.

you are just not getting it. She never said this is what you did, she is saying this is what it will look like to USCIS. You asked a question, members gave you good advice and you are choosing to be defensive instead of heeding their advice. Obviously you are going to do what you want, but if you are smart you will wait until after you remove conditions to get remarried. If you don't want to hear the truth when asking a question, you shouldn't ask. People aren't here to tell you what you want to hear, they are here to help and answer with facts.


Filed: Citizen (apr) Country: Jordan
Timeline
Posted

so if i understand im going to use dates because its getting a bit confusing, i got married in NOV 2011 and i got my GC (2 years green card), in may 2012, since im getting divorced, i wont be able to file for USC until 2017, however if i get re-married after getting divorced, i will have to count 3 years after the date of my second marriage to apply for USC,?

(ex: i get re-married in nov 2013, then i will be able to apply in 2016?)

No, you can apply for citizenship FIVE years after you were married to your FIRST wife. Forget the 3 years...3 years is out the window


Posted

No, you can apply for citizenship FIVE years after you were married to your FIRST wife. Forget the 3 years...3 years is out the window

No, i think the USCIS allows a permanent resident to apply for naturalization 3 years after marriage to a US citizen. In essence the clock restarts when the PR remarries.

Although second marriages are statistically more likely to fail than succeed. Perhaps just aiming for the 5 year card is more realistic.

Filed: Citizen (apr) Country: India
Timeline
Posted

He should be more concerned about getting ROC rather than thinking about USC. There will not be a USC chance unless he gets his condition removed successfully.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Posted

He should be more concerned about getting ROC rather than thinking about USC. There will not be a USC chance unless he gets his condition removed successfully.

i wasn't thinking about USC, i was thinking about getting re-married.

No, i think the USCIS allows a permanent resident to apply for naturalization 3 years after marriage to a US citizen. In essence the clock restarts when the PR remarries.

Although second marriages are statistically more likely to fail than succeed. Perhaps just aiming for the 5 year card is more realistic.

even if i didn't get my GC through my second wife?

  • 2 weeks later...
Posted (edited)

i wasn't thinking about USC, i was thinking about getting re-married.

even if i didn't get my GC through my second wife?

Hi...

"i wasn't thinking about USC, i was thinking about getting re-married."

All everyone is suggesting is to wait until your ROC is complete.

I understand that you are emotionally charged up and really want to settle down with your "real love", which I hope happens and you live a happy life, However just think big and get your ROC cleared.

Once you have a 10 year GC, get married. To me personally, it doesnt matter if I file for Citizenship in 3 or 5 years. As long as I am happy.

"even if i didn't get my GC through my second wife?"

Dont you already have a conditional GC?

If you can prove that you entered the marriage in a Good faith (With all supportive documents), then you dont need to worry about getting GC from your second marriage.

Based on how your explanation and aggressiveness goes in this topic, I would suggest you not to bring up a word about your plan of getting married again, during your USICS interview, as that may raise some eyebrows.

Just a thought.

Rest you know what's best for you.

Good luck with whatever you do.

Edited by Viggy
 
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