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Green Card holder's divorce

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  • Green Card holder's divorce

    Facts:
    1) My friend is a Green Card holder (through marriage) for less then one year and is in the process of getting divorced.
    2) He just joined the US Armed Forces and will departure from Florida to an US Military Base in Georgia in May.

    Questions:
    1) Can he apply for naturalization right the way because he joined the army?
    2) If he has to wait, how can he renew his Green card if he is getting divorced?
    3) After the divorce, how long he has to wait until he can get married again?
    4) Can he sponsor a non resident through marriage as just a green card holder?

  • #2
    If he's deployed into active duty, he'd be eligible immediately. Otherwise he must complete a year of service.

    How long ago did he get married?

    He can get married again as soon he wants after the divorce, but sponsoring another spouse in the near future will be problematic.

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

    Comment


    • #3
      Citizenship for Military Members

      http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

      Comment


      • #4
        Originally posted by lovenlove View Post
        Facts:
        1) My friend is a Green Card holder (through marriage) for less then one year and is in the process of getting divorced.
        2) He just joined the US Armed Forces and will departure from Florida to an US Military Base in Georgia in May.

        Questions:
        1) Can he apply for naturalization right the way because he joined the army?
        2) If he has to wait, how can he renew his Green card if he is getting divorced?
        3) After the divorce, how long he has to wait until he can get married again?
        4) Can he sponsor a non resident through marriage as just a green card holder?
        Really odd questions for someone with a legitimate marriage (not for a GC) to be interested in. Are you the girlfriend?

        The military takes a poor view of adultery. Until the divorce is final, he is still married.

        A divorce so soon after getting a GC is certainly suspicious especially if he did the filing.

        Comment


        • #5
          @Jackolanter

          Originally posted by Jackolantern View Post
          If he's deployed into active duty, he'd be eligible immediately. Otherwise he must complete a year of service.

          How long ago did he get married? He got married in July 2009. She requested the divorce in Jan 2011.

          He can get married again as soon he wants after the divorce, but sponsoring another spouse in the near future will be problematic.
          Why would it be problematic?

          Comment


          • #6
            Originally posted by lovenlove View Post
            Why would it be problematic?
            If he tries to sponsor a spouse too soon, it will be seen as the classic chain-marriage fraud case:

            1. Two noncitizens without green cards have a relationship
            2. One noncitizen joins a fake marriage with a US citizen to get a green card. The US citizen might not know it's fake.
            3. Divorce
            4. The new green card holder marries and files for the original person they had a relationship with in step 1.

            This kind of immigration fraud is so common, that the law imposed a 5-year waiting period* before a green card holder who got their own green card via marriage is allowed to file to sponsor a new spouse.

            *5 years after green card approval, not 5 years after divorce
            Last edited by Jackolantern; 5th February 2011, 07:28 PM.

            EB3 ROW I-485 Approved: July 2007
            USC: July 2013
            I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

            Comment


            • #7
              You didn't understand the situation or my explanation was not good.
              Anyway you answered my one of my questions: He can't sponsor a non citizen until he has 5 years with a valid Green Card.
              But could you answer the question number 2? How will he renew his Green Card if he is divorced? Will it be through the Military?

              Comment


              • #8
                If divorced, he would have to file for a waiver with the I-751. He will have to prove that he had a bona fide marriage even though it died in less than 2 years.

                EB3 ROW I-485 Approved: July 2007
                USC: July 2013
                I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                Comment


                • #9
                  Thank you!

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