DV2 divorced from DV1

F

Fatima Bouira

New Member
Hello, I married my fiancé when he won his green Card lottery. After the interview, we got our DV1 and DV2 visas but we didn't get along together and divorced. We came separately to US and got our Green cards in 2010. I have 2 questions:
1- I have been in US for 7 years without leaving US at all during all this 7 years. Can I apply for citizenship even if I was divorced from my spouse before entering US?
2-I want to marry again. Is it possible?
 
Fatima Bouira said:
Hello, I married my fiancé when he won his green Card lottery. After the interview, we got our DV1 and DV2 visas but we didn't get along together and divorced. We came separately to US and got our Green cards in 2010. I have 2 questions:
1- I have been in US for 7 years without leaving US at all during all this 7 years. Can I apply for citizenship even if I was divorced from my spouse before entering US?
2-I want to marry again. Is it possible?
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1. Yes you are applicable to apply for naturalization if you have been a Legal Permanent Resident (GC holder) for more than 5 years. Your marriage status wont matter as you are applying on the basis of you being LPR for more than 5 years.

2. Yes, provided you have been officially divorced in the eyes of the law (have divorce papers signed etc - not just estranged wife).
 
abumiqdad said:
1. Yes you are applicable to apply for naturalization if you have been a Legal Permanent Resident (GC holder) for more than 5 years. Your marriage status wont matter as you are applying on the basis of you being LPR for more than 5 years.

2. Yes, provided you have been officially divorced in the eyes of the law (have divorce papers signed etc - not just estranged wife).
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Thank you Abumiqdad, you saved my life. Actually, I was afraid of applying for citizenship as some people told me OMG! You divorced before receiving you Green Card! They will not give you citizenship! I was freeking out as I would like to be a citizen.
 
Fatima Bouira said:
Thank you Abumiqdad, you saved my life. Actually, I was afraid of applying for citizenship as some people told me OMG! You divorced before receiving you Green Card! They will not give you citizenship! I was freeking out as I would like to be a citizen.
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Yes it's true your citizenship petition will be based on being a LPR for 5 years, your marriage may still be scrutinized at the time of your interview. They can still review how you obtained your GC to ensure you didn't enter into a sham marriage for the purpose of obtaining a GC when your fiancé was selected for the DV lottery. Be prepared to provide proof it was a genuine marriage entered in good faith.
 
True @Sm1smom . If i were the officer looking at your citizenship application, i would be curious of how you married your ex husband when he had won the DV lottery, and went through the DV application process (interview and what not), then be granted I 551 sticker, and then you got divorced even before activating the card. The timespan would mean the marriage lasted for max 1 year++ .
 
I think you have to be careful because I think you were granted permanent residency in error. You entered the US with a derivative immigrant visa, after the relationship between you and the principal beneficiary no longer existed (your divorce was final prior to entry). You were not eligible to use that immigrant visa, and you were not eligible to become a permanent resident as a derivative beneficiary. This has nothing to do with whether the marriage was genuine or whether you acted in good faith, but with the fact that the derivative relationship no longer existed at the time you got permanent residency, thus you were not legally eligible to get permanent residency. When the examine your immigrant history, they will discover that the permanent residency was granted in error, and not only can they deny your naturalization, but they can also deport you.
 
@newacct : oh that is something that i had not thought of.. good perspective there. So @Fatima Bouira , maybe consulting an immigration lawyer would get you a better understanding of your LPR status. having LPR is better than chasing citizenship but you end up being removed from the country.
 
Fatima Bouira said:
By the way, this is not
Family Based Green Card -Through Marriage/Relative
This is lottery visas. I think they are different no?
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Yes, they are different. BUT the derivative (DV2) is only eligible to be a derivative for the purposes of entry whilst married (until the point of activation). So - since you divorced prior to entry, you should have notified the embassy and your DV2 would have been cancelled.

Now - solutions:

1. Stay in the USA as an LPR and never apply for citizenship.
2. Go for citizenship, accepting there is a risk that they question your divorce date/entry date.

There is no other solution that will make this better.
 
I'm planning to marry my boyfriend. We have been living together for 5 years. He is a Green Card holder for 4 years. He will apply for citizenship in 1 year. In this case what is the next step?
 
Fatima Bouira said:
I'm planning to marry my boyfriend. We have been living together for 5 years. He is a Green Card holder for 4 years. He will apply for citizenship in 1 year. In this case what is the next step?
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Get married to your boyfriend. After he gets his citizenship then you can apply for yours. if you get denied due to the original error, you can then apply for a marriage based green card and go from there.
 
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