Can a US citizen file green card for new spouse after being married to a US citizen and 3 year of PR

H

Homestead

Registered Users (C)
Hey guys, I want to know something and I sure need help.
I am a US citizen after 5 years of marriage and 3 years of permanent residence.Currently divorced, I want to know if I am eligible to petition a greeen card for my future spouse as a US citizen or do I need to have five years of permanent residence before requesting a green card for my spouse to be (even though I am NOW a US citizen)?.
I need some answers please.
 
If you obtained your green card through marriage to a USC or LPR, you need to wait 5 years after you obtained your green card before you can sponsor a spouse, even if you are a citizen now.

Did you obtain citizenship via the 3-year marriage rule? How long after obtaining citizenship did you get divorced? Was your divorce pending while you were waiting for citizenship? Depending on your answers to those questions, your own citizenship may be in jeopardy.
 
I got divorced 3 months after my citizenship, 5 years of marriage, and 3 years as permanent resident.
 
ok , i got married in 2005 ,got my temporary green card in nov 2005, got my 10 years on dec 07, pass my citizenship interview in may 2009 divorce in august 2009 as a usc now , thinking about getting back with my first wife from my home country so she can benefit the gc for her and my kid there
 
Your situation has the classic signs of a fraud case. Get married to a US citizen, get a green card, get divorced, then sponsor an old girlfriend or ex-wife for a green card. And it seems your divorce was filed before you naturalized, which would make your citizenship fraudulent even if the green card marriage was genuine. If you file for your ex-wife, they're not only going to reject the application, they're probably going to revoke your citizenship.

Anyway, the earliest you can file for anybody based on marriage is November 2010 (five years after your conditional green card approval). The 5-year waiting period was specifically designed to discourage the fraud cases where somebody enters a marriage with the intention of later sponsoring another spouse.
 
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Homestead said:
ok , i got married in 2005 ,got my temporary green card in nov 2005, got my 10 years on dec 07, pass my citizenship interview in may 2009 divorce in august 2009 as a usc now , thinking about getting back with my first wife from my home country so she can benefit the gc for her and my kid there
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how old are your kids?
 
Homestead said:
ok , i got married in 2005 ,got my temporary green card in nov 2005, got my 10 years on dec 07, pass my citizenship interview in may 2009 divorce in august 2009 as a usc now , thinking about getting back with my first wife from my home country so she can benefit the gc for her and my kid there
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Dude,

You should not sponsor anyone because your citizenship is going to come under scrutiny and possibly be revoked as it is highly unlikely that any state offers a divorce in a period of less than 4 months. Your weren't eligible to be naturalized under the 3 year rule, especially if the filing for divorce happened during your naturalization process. :confused: What do I mean? If you filed on Jan 2009 and file for divorce on April 30, but your interview was April 15th, 2009 and your case wasn't approved till May 15th, 2009, you are required to inform USCIS that your marital status has changed, because this citizenship is based on being married and living with the same US citizenship. Jack is correct in his assumption, this smells big fraud and you and future wife will be deported back home together. :rolleyes: The children you reference are possibly your biological kids, which will be a super reunion with the ex-wife. Dude.. you are going to face serious scrutiny which you don't need, but all dishonest people once in a while get their assess handed to them...:eek:

If you got divorce on one of these internet divorce sites, then I believe it can take less than 4 months and you might be on the safe site of history...:rolleyes:
 
Homestead said:
but i got divorced AFTER i got my citizenship not before:rolleyes:
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We know. The issue is that the divorce apparently was already in process before you got citizenship. And that is not allowed when you're applying for citizenship under the 3-year marriage rule.
 
If you want to play with fire, please go ahead. No one will stop you. Forums members have cautioned you on what possible outcomes may await you. Best of luck!!!

Homestead said:
thanks guys , i got to confirm the dates. but i got divorced AFTER i got my citizenship not before:rolleyes:
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Homestead said:
thanks guys , i got to confirm the dates. but i got divorced AFTER i got my citizenship not before:rolleyes:
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dude,

Just go ahead and apply, and if i were you, I would use USPS next day delivery for quicker resolution so that you and ex-wife can remarry in the beautiful Las Vegas...:D I am certain USCIS is looking forward to ensuring a great reunion with your ex-wife and now a new wife with your old kids....:) How often do you get your wishes? :confused: I bet not many a times, but in this case your wishes will be met by USCIS expediteously...:rolleyes:
 
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