Bringing a spouse after filing for naturalization

[dmaan 15]

Hello,

 

I plan on getting married this April. I will be eligible to file for naturalization the same month. I am a permanent resident based on a marriage to a US. citizen which unfortunately ended in a divorce. Do I need to wait till I become a citizen or can I apply for my spouse's immigration right after I file for my naturalization? I would appreciate any help. thanks 

[geowrian 22,337]

In general (see below for an exception)...

You can apply the day you get married (if you somehow obtained all the documents, such as marriage certificate). An LPR can petition a spouse fine.

If/Once you naturalize, you can upgrade the petition from F2A to CR-1 category.

 

The exception...

Since you obtained LPR status via another spouse, you must wait at least 5 years from the date of obtaining permanent residency before you can petition a spouse.

There is an exception to this rule, but it's very difficult to overcome and I don't suggest it.

[dmaan 15]

thanks for responding. yes, it will be 5 years this april. What I wanted to know was do I need to wait till I become a citizen to apply for the spouse or can I apply after I have applied for naturalization? will my application be expedited since I have a pending naturalization? 

[geowrian 22,337]

8 minutes ago, dmaan said:

thanks for responding. yes, it will be 5 years this april. What I wanted to know was do I need to wait till I become a citizen to apply for the spouse or can I apply after I have applied for naturalization? will my application be expedited since I have a pending naturalization? 

As long as the date you file the I-130 petition is after the 5 year mark of being a permanent resident (no 90 day early filing period like the N-400!), then you're fine to file before naturalization. You can upgrade it if/when you become a USC.

 

Neither the N-400 application nor I-130 petition will be expedited due to anything you described.

[dmaan 15]

very helpful information. Thank you very much. Most of the documents I presented when I applied for greencard ( like utility bill, uscis letters I recieved, lease, original marriage certificate). I lost them. Is this going to be a problem? 

[geowrian 22,337]

Just now, dmaan said:

very helpful information. Thank you very much. Most of the documents I presented when I applied for greencard ( like utility bill, uscis letters I recieved, lease, original marriage certificate). I lost them. Is this going to be a problem? 

Probably not.

The IO is permitted to review the entire immigration history, including how you obtained LPR status. However, for naturalization under the 5 year rule the burden would be on them to show any sort of marriage-based issue, so they usually don't ask for any marriage evidence. In the atypical case that they do ask for marriage evidence, other items from after obtaining the green card until divorce can work as well.

[WeGuyGal 1,052]

I've seen some recent posts in various forums of USCIS being more vigilant with employment-based interviews and n400 adjudications. Some IOs do review an applicant's entire immigration history. OP's AOS from an F1 visa by virtue of marriage to a USC may be subject to scrutiny at the naturalization interview.