LPR married to an overstayed alien applying for naturalization

B

Brixter Jr.

New Member
Hi everyone. I would like to share my current situation and seek advices from gurus in this forum. I am a LPR applying for naturalization under the 5 year rule. I got my GC through marriage to a USC. We have been married for 6 years but things didn't turned out well for us and decided to part ways. I didn't apply for naturalization based on marriage (3 yr rule) because we're technically separated for about 2 years of the 6 years of marriage even though legally we are still married. After being separated for about 2 years, we had the divorce processed and I got married again to my second wife whom that time had overstayed her B2 visa. Can I apply a petition for her (F2A visa) or should I just wait for me to become a USC? Is it true that I am banned to file a petition for 5 years if I got my GC through marriage to a USC, got divorced and then remarried to another(not a USC nor LPR)? This November I am eligible in applying for naturalization under the 5 year residency rule. Another concern was about my wife's current immigration status. I have to be truthful in answering all the naturalization form questions particularly about my spouse's personal details. Will this create problems in my naturalization application? Am I liable to an immigration offense that I am harboring an illegal alien? Will my previous marriage affect my current application for naturalization since I got my greencard through marriage to my first wife? I hope you guys can help me with this. Any form of advice is highly appreciated. Thanks a lot in advance. Hope to hear a lot from all the gurus here.
 
Whoa! You got a lot of stuff in this short paragraph.

You have to be truthful.

Previous marriage should not affect your application for naturalization ... unless there is some evidence that this marriage was only for getting GC. I am not saying you did it, just stating the fact.

You can write the status of your second wife as "Out of Status" if she is still out of status. Write her current status if she regularized.

Yes, you can not provide marriage based benefits for some years if you yourself got GC through marriage. I am not sure how long, but 5 years sounds right.
 
Brixter Jr. said:
Is it true that I am banned to file a petition for 5 years if I got my GC through marriage to a USC ...
Click to expand...
Yes, you have to wait 5 years after you got your own GC.

Will my previous marriage affect my current application for naturalization since I got my greencard through marriage to my first wife?
Click to expand...
When somebody who got their GC thru marriage later marries a non-LPR noncitizen it raises the suspicion level, because that resembles the classic chain-marriage fraud scenario where the USC was just a link in the chain to get a GC for both the noncitizens. However, the 6-year length of your previous marriage should almost completely do away with that suspicion.
 
Thanks a lot. I guess I just have to wait for my citizenship to be granted before I can petition my wife. Upon my application for naturalization. In my spouse's status, what should I write? OUT OF STATUS? Does my wife's status affects my application? Will the IO take it against me?
 
Getting divorced before citizenship is not a good idea.Even if you apply after 5 years,Immigration Officer will need to know how did you get your GC?Your answer will be:Married to a US citizen.So why did you fire a US citizen who helped you get a GC?If answers are not clear,your application may be denied for marriage scam suspicious.
 
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