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Posted (edited)

Hi, my husband has been in the US for 3 years he came on a finace visa and was married here, unfortunately his wife divorced him, when i met him he was in the process of finalizing the divorce. We ended up dating and had our daughter then got married in march of this year and had a son. I know that he is in the process of removing his conditions and filing himself? My first question is when he started this process him and i were still just dating but now that we are married is it easier for him to just start over this whole process with me or should he continue with just removing his conditions by himself?

Secondly since he has been here for 3 years is able to go ahead and file for citizen ship even though he has not been with me for the whole 3 years?

Thirdly am i able to file for his sister to come here at all for visit and what process would i need to take?

BTW we will have been together for 3 years in February 2017

Edited by oooomyheart2
Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)

Hi, my husband has been in the US for 3 years he came on a finace visa and was married here, unfortunately his wife divorced him, when i met him he was in the process of finalizing the divorce. We ended up dating and had our daughter then got married in march of this year and had a son. I know that he is in the process of removing his conditions and filing himself? My first question is when he started this process him and i were still just dating but now that we are married is it easier for him to just start over this whole process with me or should he continue with just removing his conditions by himself?

He needs to finalize his ROC, he can't just start over with you.

Secondly since he has been here for 3 years is able to go ahead and file for citizen ship even though he has not been with me for the whole 3 years?

No, citizenship in 3 years would only apply if he was still married to his petitioner, his ex-wife. He's only eligible after 5 years now.

Thirdly am i able to file for his sister to come here at all for visit and what process would i need to take?

You don't do anything, sister applies on her own merits and has to prove strong ties to home. If her home country is Nigeria, it's probably not an easy sell.

BTW we will have been together for 3 years in February 2017

So you were together during his marriage? How long was he married?

Edited by F1H1I130
Filed: Citizen (apr) Country: Canada
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Posted

~~Moved to ROC from Visitor Visas- As the OP's husband is applying for ROC along with having other questions.~~

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Posted

To the first person who posted, thank you for the information, and I should have said it's going on 4 years he's been here next year. He was not married for long not even a year with his wife but was engaged for a couple of years before coming here. Also as i stated above when i met him he was finalizing his divorce so no i was not with him when he was married. Thanks again for the info, he did tell me he had to finish the process of removing his conditions, just wanted to see if I could help in any way!!

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted (edited)

To the first person who posted, thank you for the information, and I should have said it's going on 4 years he's been here next year. He was not married for long not even a year with his wife but was engaged for a couple of years before coming here. Also as i stated above when i met him he was finalizing his divorce so no i was not with him when he was married. Thanks again for the info, he did tell me he had to finish the process of removing his conditions, just wanted to see if I could help in any way!!

There's nothing you can do because his removal of conditions is based on his marriage to the petitioner.

The issue he has is he was to file for Removal if conditions (ROC) within 90 days of his divorce being final.

How long has he been divorce?

Alot of time has gone by to ROC and he has to removed conditions first and than file for citizenship with the 5 year rule.

Edited by dwheels76

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Filed: Citizen (apr) Country: Brazil
Timeline
Posted

There's nothing you can do because his removal of conditions is based on his marriage to the petitioner.

The issue he has is he was to file for Removal if conditions (ROC) within 90 days of his divorce being final.

How long has he been divorce?

Alot of time has gone by to ROC and he has to removed conditions first and than file for citizenship with the 5 year rule.

This is incorrect. He can file for ROC any time between when the divorce is final and the expiration date of the greencard. Or even later.

 
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