Divorce and Marriage Timing - any advise will be appreciated!

D

djmikmik

New Member
Me and my girlfriend are planning to get married. The problem: she is
living separately from her husband (in the past 6 months) and would
like to get divorce so we can get married. Married him for more than 3 years in good faith.
She has a green-card and has an INS appointment to provide her
fingerprints in 2 weeks in order to get her citizenship.
I am on H1-b Visa and started the application for a green card 6
months ago (based on my company's sponsorship).

We are not sure when is the best time for her to get divorced. Should
it be after the fingerprints stage? only when she gets her US
citizenship? is there any linkage between the citizenship process and
the marriage process?

Appreciate any input from you.

D.
 
Did she get her green card based on marriage? How long is it since she got her green card?

If she has applied for the citizenship based on a marriage to a US citizenship for 3 years, then she needs to be married and live with her husband until she gets her oath. If this is the case and the interviewer finds out during the interview, her application will be denied.

If she got her green card before through family-based or employment based immigration, and she applied for the citizenship based on 5 years as grren card holder, then it does not matter.

BTW...what are you doing getting involved with a married woman?
 
djmikmik said:
We are not sure when is the best time for her to get divorced. Should
it be after the fingerprints stage? only when she gets her US
citizenship? is there any linkage between the citizenship process and
the marriage process?
Click to expand...

As she applied for naturalization, I asssume her GC is not conditional anymore (if had condition in past). In that case, divorce timing is not an issue for her GC.

However, if she is applying after 3 years of continuous residency based on the fact that she is married to a citizen, then she needs to be in marriage in good faith until she gets citizenship. If she gets divorce before 3 years, she needs to wait normal waiting time - five years of continuous residency.
 
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