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Posted

He said "After marriage, i received 10 years green card for 2 years now " Now that could be interpreted as "after I got married I've had a 10 yr green card for 2 years now." So he would have at least 4 years married.

If he meant that he's been married for 2 years and just got his 10 yr GC, then of course not, he shouldn't stay with his wife just to get his USC. My advice was based on him being an LPR for 4 years lol. He can clarify if it's been 4 years or 2.

The OP stated he was granted a green card for 2 years now and the marriage is not working out so he is filing for divorce. If they have not separated yet, or actually filed for divorce, you seem to be suggesting that he hold off on it fo a year, continue to reside with his spouse, then file for naturalization based on residing/remaining in their marital union for 3 years. After that, he should then stop living with her, all for the sake of being able to file faster.

There are states where it does not take 6 months to divorce. For instance, a simplified dissolution of marriage in FL can take less than a month; attorney not even required.

This does not constitute legal advice.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Yes, the OP needs to clarify how long they have been an LPR. Sometimes people do not get a conditional card first. He may have only had the green card for 2 years, as he stated. I was going by what the OP posted. They did not clarify and have no timeline. Either way, if they have separated and he is in the process of getting a divorce, then he needs to wait the 5 years.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Timeline
Posted

  • thanks for information and i did not file for a divorce yet but im with a friend im not with my wife anymore we still talk in the phone but i cant live with this woman anymore she want to control everything in my life even my check and my freedom i feel like a slav with this woman and i cant do that anymor

Filed: Citizen (apr) Country: Egypt
Timeline
Posted
  • thanks for information and i did not file for a divorce yet but im with a friend im not with my wife anymore we still talk in the phone but i cant live with this woman anymore she want to control everything in my life even my check and my freedom i feel like a slav with this woman and i cant do that anymor

Then wait five years from the "Resident Since" date on your green card and apply. Actually, you can apply 90 days before that. It won't matter whether or not you're divorced or living with your wife since, as you indicated, you already have your 10 year green card (no removal of conditions process to go through).

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

So you would have been able to file after 3 years of being a permanent resident, if you had stayed in the marriage. You separated and are going to file for divorce. You can still file for citizenship after being divorced. You just need to wait until you have been a permanent resident for 5 years. As someone else mentioned, you can actually file 90 days before you hit the 5 year mark.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

She has no power(or ownership over you) to 'send you back'. If she feels you committed some type of immigration fraud, she can show proof to ICE and then it is in their hands to anything about it or not. If you have done nothing wrong, then no need to be worried or scared about that.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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