Divorce and Marriage Timing - any advise will be appreciated!

[djmikmik]

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.

 

[pralay]

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?

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.

 

[usnycus]

FYI:

She can't file I-130 for 5 years from the day of her PR (for a second spouse), if she got her GC through marriage.

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.

 

[usnycus]

Thanks for replying!!

You wrote: "She can't file I-130 for 5 years from the day of her PR (for a second spouse), if she got her GC through marriage."
Wow, I have never thought about that.... pretty bad I guess.

What does that mean? even if she gets her citizenship after 3 years of her non conditional GC and than get divorced, we cannot start the process of the GC for me till 5 years have passed since her non conditional GC???


Linkey

She needs to wait for five years from her GC approval day to file I-130 for a spouse. Check form I-130, first page section 3(E).

http://uscis.gov/graphics/formsfee/forms/files/i-130.pdf