1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. The forums have been moved to a new software. All data till march 30 has been moved over. You can start using them. You should be able to login with the same user IDs and passwords as on the old forums. The old forums will be available as ''read only" under forumarchive.immigration.com.
  3. Rajiv hosts a free community conference call 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. Next call is on June 19, 2014.

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