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AndyMisiu Proficient

AndyMisiu   0

Posted
Filed: K-1 Visa Country: Poland
 Timeline
Posted

This is a question for a friend at work.... I know, I know heard that before, but really!!

She was married to her husband for two years on an K-3 spouse visa. They got divorsed about 2 years later and he is now married again to a new lady. Isn't it true that you have to stay happily married with the first wife for 5 years in order to get citizenship. Is it a violation to divorse within the 5 years and remarry?? would he have to go home because of that???

Let me know, thanks!!

06/30/06- sent I-129F petition to VSC.

07/11/06- NOA1 (received in mail)

07/19/06- RFE received in mail, IMBRA

07/28/06- e-mail, IMBRA RFE received at VSC

09/11/06- called VSC, told I'm with an adjudicating officer

09/25/06- called VSC, told to file expedited service, outside 60 days of RFE received date

09/26/06- sent expedited service request to VSC via fax and snail mail

09/26/06- Senators and Congressman making inquiries into my petition

09/29/06- expedited service request approved by VSC director

10/04/06- e-mail NOA2 approved!!!!!!

10/05/06- NVC received

10/06/06- NVC forwarded to Poland Embassy

10/16/06- Packet #3 received

10/17/06- Packet #3 sent to US Embassy Warsaw

10/30/06- Packet #4 received

10/30/06- Interview scheduled for November 22nd!!!

11/30/06- Visa in hand, via DHL!!!!

12/05/06- Ania and I arrive together in the USA

02/11/07- Ania applied for Social Security Card

02/17/07- Ania and I were MARRIED!!!!!!

07/24/07- Social Security Card in hand- after some minor issues and a little procrastination :)

10/14/07- I-485, I-765, and permission to travel mailed to USCIS

10/17/07- Received NOA1

12/17/07- I-485 shipped to California Service Center for faster service

12/17/07- I-765 approved new card should be mailed within 30 days, Advanced parole approved

02/28/08- AOS APPROVED!!!! PERMANENT RESIDENT CARD RECEIVED!!!!! (card received couple weeks after approval)

Nancy2015 Proficient

Nancy2015   2

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
This is a question for a friend at work.... I know, I know heard that before, but really!!

She was married to her husband for two years on an K-3 spouse visa. They got divorsed about 2 years later and he is now married again to a new lady. Isn't it true that you have to stay happily married with the first wife for 5 years in order to get citizenship. Is it a violation to divorse within the 5 years and remarry?? would he have to go home because of that???

Let me know, thanks!!

I don't think getting divorced and remarrying can be considered a "violation".

Getting citizenship doesn't depend on how long you were married (I am assuming the person who wants to apply for citizenship has a 10-year green card). There's no rule about being married for 5 years.

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

eau_xplain Experienced

eau_xplain   2

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

The timeline is not too clear to me but does your friend's ex-husband have his 10-year green card? Presuming that he does, unless your friend makes an official advice (with documented proof) to the USCIS that her ex-husband married her for the green card, then he is free to marry someone else and stay in the US. You are correct in that he will have to wait for 5 years (from the issuance date of the first GC) before he can apply for citizenship.

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

TracyTN Veteran

TracyTN   237

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
Isn't it true that you have to stay happily married with the first wife for 5 years in order to get citizenship. Is it a violation to divorse within the 5 years and remarry?? would he have to go home because of that???

Let me know, thanks!!

Where'd you hear that?

It all depends on if the first marriage was entered into for good faith, or was for the purpose of immigration only.

SA4userbar.jpg
florida_guy07 Collaborator

florida_guy07   0

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
Posted (edited)
This is a question for a friend at work.... I know, I know heard that before, but really!!

She was married to her husband for two years on an K-3 spouse visa. They got divorsed about 2 years later and he is now married again to a new lady. Isn't it true that you have to stay happily married with the first wife for 5 years in order to get citizenship. Is it a violation to divorse within the 5 years and remarry?? would he have to go home because of that???

Let me know, thanks!!

It is NEVER a violation of any immigration laws to get divorced. You can get divorced whenever you want. Now there are some consequences if that's done before 2 years, 3 years, etc...

If the immigrant and the US citizen are married for 2 years or less, and they get divorced, but are able to prove that it was a REAL marriage, but things just didnt work out, the immigrant may be able to apply for removal of conditions alone, it is hard but it is done all the time.

If the immigrant and the US citizen are married for more than 3 years and the immigrant has had a green card for more than 3 years, they are eligible to apply for citizenship early... if they are divorced after the 2 years but before the immigrant has had their green card for 3 years, then the only consequence is that the immigrant will have to wait 5 years to apply for citizenship.

Basically, as long as your friend (who I guess is the immigrant) stayed married for more than 2 years, he/she is ok.

Noone will be deported or have to go home because they weren't HAPPILY MARRIED for 5 years. You can't ask people to have a happy marriage... it either works out or it doesnt and the USCIS is well aware that some marriages are real but they don't work out and they don't want either of you to remain in a bad relationship because you are afraid of being deported.

Edited by florida_guy07

0.14..MY%20TIMELINE.png

06/05/01 - Entered the U.S. on a B2 Visa with parents (17 years old at the time)

01/05/07 - Got married

04/04/07 - AOS package mailed :)

04/08/07 - On Easter Sunday - Package received DAY 1

04/17/07 - NOA1 Received. (Dated 04/13/2007) DAY 10

04/18/07 - Touched DAY 11

04/19/07 - Touched AGAIN DAY 12

04/20/07 - Biometrics appt notice received (05-02-07) DAY 13

04/27/07 - I-130 Touched DAY 20

05/02/07 - Biometrics (Took us 8 minutes - no kidding) DAY 25

05/03/07 - I-485 Touched DAY 26

05/17/07 - Interview letter arrived (07-17-07) DAY 41

07/17/07 - Interview - Everything went well but received an RFE DAY 102

08/28/07 - RFE sent - Took a long time to get what they needed DAY 144

08/29/07 - RFE received - DAY 145

10/04/07 - Email: Notice welcoming new resident mailed - DAY 180

10/05/07 - Touched - DAY 181

10/09/07 - Welcome Notice received. - DAY 185

10/10/07 - Card production ordered. - DAY 186

10/17/07 - Green card received !!!!!!!! - Day 193

AndyMisiu Proficient

AndyMisiu   0

Posted
Filed: K-1 Visa Country: Poland
 Timeline
  • Author
Posted

Ok, thanks for all of your help. The gentleman was asking my friend for a letter explaining that they had a happy marriage for the time they were together but things didn't work out. She hasn't been treated well by him (the immigrant) and wanted to request he paid up some of the lawyer cost, a better child support plan. I didn't know what kind of leverage she had with the letter he's asking for.

From what you're all telling me is.............. the letter would help, but not kill him.

06/30/06- sent I-129F petition to VSC.

07/11/06- NOA1 (received in mail)

07/19/06- RFE received in mail, IMBRA

07/28/06- e-mail, IMBRA RFE received at VSC

09/11/06- called VSC, told I'm with an adjudicating officer

09/25/06- called VSC, told to file expedited service, outside 60 days of RFE received date

09/26/06- sent expedited service request to VSC via fax and snail mail

09/26/06- Senators and Congressman making inquiries into my petition

09/29/06- expedited service request approved by VSC director

10/04/06- e-mail NOA2 approved!!!!!!

10/05/06- NVC received

10/06/06- NVC forwarded to Poland Embassy

10/16/06- Packet #3 received

10/17/06- Packet #3 sent to US Embassy Warsaw

10/30/06- Packet #4 received

10/30/06- Interview scheduled for November 22nd!!!

11/30/06- Visa in hand, via DHL!!!!

12/05/06- Ania and I arrive together in the USA

02/11/07- Ania applied for Social Security Card

02/17/07- Ania and I were MARRIED!!!!!!

07/24/07- Social Security Card in hand- after some minor issues and a little procrastination :)

10/14/07- I-485, I-765, and permission to travel mailed to USCIS

10/17/07- Received NOA1

12/17/07- I-485 shipped to California Service Center for faster service

12/17/07- I-765 approved new card should be mailed within 30 days, Advanced parole approved

02/28/08- AOS APPROVED!!!! PERMANENT RESIDENT CARD RECEIVED!!!!! (card received couple weeks after approval)

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

AndyMisiu,

No. If an alien does stay married to the petitioning spouse, happily or not, they are eligible to apply for citizenship 3 years after becoming an LPR. If they do not stay married then they are eligible to apply for citizenship after 5 years.

Your friend and you didn't bother to look at the USCIS' well written and informative Guide to Naturalizaton?

Yodrak

..... Isn't it true that you have to stay happily married with the first wife for 5 years in order to get citizenship. .....
AndyMisiu Proficient

AndyMisiu   0

Posted
Filed: K-1 Visa Country: Poland
 Timeline
  • Author
Posted
AndyMisiu,

No. If an alien does stay married to the petitioning spouse, happily or not, they are eligible to apply for citizenship 3 years after becoming an LPR. If they do not stay married then they are eligible to apply for citizenship after 5 years.

Your friend and you didn't bother to look at the USCIS' well written and informative Guide to Naturalizaton?

Yodrak

..... Isn't it true that you have to stay happily married with the first wife for 5 years in order to get citizenship. .....

thanks, bud

06/30/06- sent I-129F petition to VSC.

07/11/06- NOA1 (received in mail)

07/19/06- RFE received in mail, IMBRA

07/28/06- e-mail, IMBRA RFE received at VSC

09/11/06- called VSC, told I'm with an adjudicating officer

09/25/06- called VSC, told to file expedited service, outside 60 days of RFE received date

09/26/06- sent expedited service request to VSC via fax and snail mail

09/26/06- Senators and Congressman making inquiries into my petition

09/29/06- expedited service request approved by VSC director

10/04/06- e-mail NOA2 approved!!!!!!

10/05/06- NVC received

10/06/06- NVC forwarded to Poland Embassy

10/16/06- Packet #3 received

10/17/06- Packet #3 sent to US Embassy Warsaw

10/30/06- Packet #4 received

10/30/06- Interview scheduled for November 22nd!!!

11/30/06- Visa in hand, via DHL!!!!

12/05/06- Ania and I arrive together in the USA

02/11/07- Ania applied for Social Security Card

02/17/07- Ania and I were MARRIED!!!!!!

07/24/07- Social Security Card in hand- after some minor issues and a little procrastination :)

10/14/07- I-485, I-765, and permission to travel mailed to USCIS

10/17/07- Received NOA1

12/17/07- I-485 shipped to California Service Center for faster service

12/17/07- I-765 approved new card should be mailed within 30 days, Advanced parole approved

02/28/08- AOS APPROVED!!!! PERMANENT RESIDENT CARD RECEIVED!!!!! (card received couple weeks after approval)

diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted
Your friend and you didn't bother to look at the USCIS' well written and informative Guide to Naturalizaton?

Yodrak

Yodrak,

Now, would that differ from USCIS' well written and informative Guide to Naturalization? ;) <pedantic, I know!!!!!> but I do so like to tease you, Kemo Sabe :lol:

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

diadromous mermaid,

Got me! Now, go to town but stay out of the saloon.

Yodrak

Your friend and you didn't bother to look at the USCIS' well written and informative Guide to Naturalizaton?

Yodrak

Yodrak,

Now, would that differ from USCIS' well written and informative Guide to Naturalization? <pedantic, I know!!!!!> but I do so like to tease you, Kemo Sabe

 
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