Divorced - Advice on 2nd marriage

[slee0000 13]

Hi there, 

 

I have had my GC now for over 4 years - but have been divorced from my USC spouse, so I need to wait to file for citizenship until the 5th year. 

My soon to be spouse is undocumented. After reviewing the N400 application, it requires information about the current spouse, their status, etc. 

 

My question is - should we wait to get married until after I file for citizenship?  Will it affect my case if spouse is undocumented?

 

Thanks in advanced!

 

[dwheels76 5,468]

2 hours ago, slee0000 said:

Hi there, 

 

I have had my GC now for over 4 years - but have been divorced from my USC spouse, so I need to wait to file for citizenship until the 5th year. 

My soon to be spouse is undocumented. After reviewing the N400 application, it requires information about the current spouse, their status, etc. 

 

My question is - should we wait to get married until after I file for citizenship?  Will it affect my case if spouse is undocumented?

 

Thanks in advanced!

 

Your marriage to her has nothing to do with your citizenship. You can file 90 days before your 5 years as a LPR then marry. Or you can marry first.
Her being undocumented means she will have to leave the country when it's time for interview and you will have to file a waiver also with all the other petition stuff.
How long has she been in the US? Has she ever left since the first time she left?

[slee0000 13]

On 9/25/2020 at 4:40 PM, dwheels76 said:

Your marriage to her has nothing to do with your citizenship. You can file 90 days before your 5 years as a LPR then marry. Or you can marry first.
Her being undocumented means she will have to leave the country when it's time for interview and you will have to file a waiver also with all the other petition stuff.
How long has she been in the US? Has she ever left since the first time she left?

 

Soon to be spouse has been in the US for almost 15 years and hasn't left since. 

I was previously undocumented prior to my first marriage to USC and was in the US for 10+ years and wasn't an issue - didn't need to leave.

 

Just want to be safe and make sure that my Citizenship application won't get flagged because my spouse is undocumented. 

[Villanelle 4,122]

7 hours ago, slee0000 said:

 

Soon to be spouse has been in the US for almost 15 years and hasn't left since. 

I was previously undocumented prior to my first marriage to USC and was in the US for 10+ years and wasn't an issue - didn't need to leave.

 

Just want to be safe and make sure that my Citizenship application won't get flagged because my spouse is undocumented. 

You seem to be using incorrect terminology. According to your post history you were F1, married a USC and filed AOS w/o leaving the US. Im assuming your F expired prior to your marriage and AOS so you are referring to yourself as being 'undocumented'. Thats not undocumented - thats out of status. In immigration undocumented usually means someone who entered with no documentation (illegal entry) vs someone who entered and overstayed.