1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. We are looking for volunteer moderators for the forums for various topics. If you are interested and feel that you have the experience for the same, please contact us with your name and topic of interest and your experience in the area in which you wish to volunteer. A moderator is required to visit the forum on a regular basis, control spam, report offending posters, provide recommendations for reorganizing the forums etc.
  3. US Immigration attorney, Rajiv S. Khanna hosts a free community conference call for US Immigration questions every other Thursday at 12:30 p.m, EST. You can post your questions in the conference call forum and dial into the call at (202)800-8394.

Green Card holder's divorce

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by lovenlove, Feb 5, 2011.

  1. lovenlove

    lovenlove New Member

    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. Jackolantern

    Jackolantern Registered Users (C)

    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.
  3. Singh4US

    Singh4US Registered Users (C)

  4. Concerned4us

    Concerned4us Banned

    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.
  5. lovenlove

    lovenlove New Member

    @Jackolanter

    Why would it be problematic?
  6. Jackolantern

    Jackolantern Registered Users (C)

    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 a moderator: Feb 5, 2011
  7. lovenlove

    lovenlove New Member

    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?
  8. Jackolantern

    Jackolantern Registered Users (C)

    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.
  9. lovenlove

    lovenlove New Member

Share This Page