can i get citizenship

[badboy111611 0]

ok so i came over on a k1 visa and got married and we have been married for a year and i have lived with her the whole time but now she wants a divorce but she said she would wait til i have my citizenship to before she divorces me so my question is if we remain married and living together will immigration consider us to be lying about our marriage and deport me becuase the marriage is no longer like it was. would it be better to get a divorce and wait 5 years or could i just remain married and living with her til i get my citizenship because when we got married it was the real deal and we were going to spend our life together but she grew apart from me =/ so i didnt get married just to get a green card or citizenship

[Soner1988 0]

that sound kind of complicated but this issue between you and your wife my suggestion is you have to be stay married like 3 years then you can divorce and you can get citizenship all i know

[Dbkrantz 16]

Normally, you can obtain citizenship after 3 years of being married.

That being said, you can remain on your green card if you prove that even though you are no longer together, your mariage was bona fide and was not related to immigration. Basically, when you file for removal of conditions, you should ask for a waiver and explain what has happened and why you are not filing together.

That being said, citizenship takes 5 years to obtain in the US if you are not married to a US citizen. So if you decide to take this route, it would take 5 years instead of 3.

[badboy111611 0]

but if i were to stay married and living with her could we get in trouble cos the marriage is no longer bona fide?

[stevie b 141]

pretty much a straight forward definition of immigration fraud... tread carefully

[Jamericanlove 31]

If the marriage is over you don't need to, and should not stay with your wife to remove conditions or get citizenship. Doing that will bring you more problems in the long run than necessary.

File for divorce, and as soon as it is granted submit your paperwork to remove conditons with a waiver. If your wife wants to help you she can help to put together information showing that you two had a bonified marriage that just did not work out. She can even write an affidavit swearing to that as well and that she supports your efforts to live as a permanent resident and eventually a US citizen.

After you get the conditions removed, wait until you've been a resident for at least 5 years and then apply for citizenship based on qualifying residence if you want to become a USC.

[badboy111611 0]

ok so can i file the removal of conditions and the waiver even if we are still married? or do we HAVE to be divorced to file the waiver

[Jamericanlove 31]

  On 9/17/2013 at 6:19 PM, badboy111611 said:

ok so can i file the removal of conditions and the waiver even if we are still married? or do we HAVE to be divorced to file the waiver

In your case, have to get divorced first. Better you get the ball rolling on it now, because if you wait you'll end up complicating matters worse if the final decree doesn't come through before you HAVE to file to remove conditions.

Edited September 17, 2013 by Jamericanlove

[badboy111611 0]

so what would happen if i was in the process of the divorce but it wasnt complete by the time i have to file to remove conditions

[Jamericanlove 31]

  On 9/17/2013 at 6:45 PM, badboy111611 said:

so what would happen if i was in the process of the divorce but it wasnt complete by the time i have to file to remove conditions

They'll send you an RFE and give you a specified amount of time to produce the divorce decree. That is why it is important that you begin the process as soon as possible. Sounds like you will have an amicable divorce and you don't have any children so it will not take long. Once you have the final decree in hand you can immediately file to remove conditions with a waiver.

[Harsh_77 718]

  On 9/17/2013 at 6:45 PM, badboy111611 said:

so what would happen if i was in the process of the divorce but it wasnt complete by the time i have to file to remove conditions

You can still remove the condition based on bona fide marriage.

If I was in your situation I would go 5 year route…. Other one is immigration fraud.

[Jamericanlove 31]

  On 9/17/2013 at 7:35 PM, Harsh_77 said:

You can still remove the condition based on bona fide marriage.

This is poor advice in my opinion (if you are suggesting they file jointly to remove conditions that is, if you aren't then ignore the writing below).

The OP said they have been married and living with their wife for only a year which means that if they plan to stay married to the end of the process they have one more year to wait to apply to remove conditions, and at least another year after that to be able to apply for citizenship (which as you said would be a very bad idea).

Assuming they are both carrying on with their lives now that they are emotionally separated, what happens if the wife ends up getting pregnant by someone else during that time, or the OP gets someone he's involved with pregnant? It will look very bad and raise many eyebrows at USCIS.

Also, the Op and his wife are on good terms at the moment but that could always change at any minute.

There is abolutely no need to pretent to still be in a marriage if you already know a year into it that you want a divorce. It is much safer to go forward with the divorce and use the ROC waiver to show that the marriage was entered into good faith but it didn't work out.

Things could potentially be different if the window to remove conditions was already here, but with another year to go it doesn't make too much sense to go that route as no one knows what the future holds.

Edited September 17, 2013 by Jamericanlove

[Harsh_77 718]

  On 9/17/2013 at 7:59 PM, Jamericanlove said:

This is poor advice in my opinion (if you are suggesting they file jointly to remove conditions that is, if you aren't then ignore the writing below).

The OP said they have been married and living with their wife for only a year which means that if they plan to stay married to the end of the process they have one more year to wait to apply to remove conditions, and at least another year after that to be able to apply for citizenship (which as you said would be a very bad idea).

Assuming they are both carrying on with their lives now that they are emotionally separated, what happens if the wife ends up getting pregnant by someone else during that time, or the OP gets someone he's involved with pregnant? It will look very bad and raise many eyebrows at USCIS.

Also, the Op and his wife are on good terms at the moment but that could always change at any minute.

There is abolutely no need to pretent to still be in a marriage if you already know a year into it that you want a divorce. It is much safer to go forward with the divorce and use the ROC waiver to show that the marriage was entered into good faith but it didn't work out.

Things could potentially be different if the window to remove conditions was already here, but with another year to go it doesn't make too much sense to go that route as no one knows what the future holds.

He can divorce now and file for ROC when his 2 years come by.

They do not need to stay in fake marriage just for him to remove the condition and get his citizenship.

Thats reason he would have to go thru 5 yr process to get his citizenship not 3 yr, which is exactly what I said in earlier post.

[immihelp99 21]

Is a 3 year instead of a 5 year wait really worth all the complications and unhappiness you guys will go through?

[mjkj 14]

  On 9/17/2013 at 8:48 AM, badboy111611 said:

ok so i came over on a k1 visa and got married and we have been married for a year and i have lived with her the whole time but now she wants a divorce but she said she would wait til i have my citizenship to before she divorces me so my question is if we remain married and living together will immigration consider us to be lying about our marriage and deport me becuase the marriage is no longer like it was. would it be better to get a divorce and wait 5 years or could i just remain married and living with her til i get my citizenship because when we got married it was the real deal and we were going to spend our life together but she grew apart from me =/ so i didnt get married just to get a green card or citizenship

Much better to do the divorce and wait 5 years, at least you know you don't fool anybody.