marriage/greencard thru recently naturalized us citizen

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savio28

Registered Users (C)
Me and my girlfriend want to get married. I am a foreign national and currently on F-1 visa here in the US.

The issue is that my girlfriend became US Citizen thru marriage (3 year process) and shortly after that she got divorced. Their marriage was bona fide but did not work out towards the end so they ended it.

How long should we wait to get married and is USCIS going to be suspicious about it because she became citizen thru marriage? I would like to get a conditional green card so I can work. We live together and our marriage will be bona fide but might just raise a red flag because looks like she is jumping fast from one marriage into another.
 
Did she obtain her green card by marrying that US citizen? If yes, she has to wait 5 years after her green card was approved before she can file for a new spouse. And even then, there may be suspicion if there are indicators that you might have known her before she got her GC (e.g. you originally come from the same country and city).

The other aspect is that if she was already separated* or filed for divorced during her citizenship process, that would have made her ineligible for citizenship via the 3 year rule. If she attempts to sponsor another spouse, she will have to provide the divorce decree, and if it shows that she was already separated or already filed for divorce before her citizenship was granted, they could revoke her citizenship. Or more likely, since revoking citizenship is difficult and expensive, they would settle for the easier task of denying the green card petition that she filed for you.


*other than temporary separation due to life/work circumstances unrelated to marital issues, such as military deployment or higher education
 
Jacko: she got her greencard and us citizenship thru marriage but did not file for divorce until she got the citizenship. We are from different countries and did not know each other before her marriage. Again, it is not a fraud attempt, both marriages are for real but knowing the complexity of the immigration it might very well look like an fraud attempt. I don't want to get in trouble.

Ghori: I will be graduating in May 2011 and probably filing for an OPT thereafter.

Is there a still legit way to obtain a greencard thru our marriage? Would it be a good idea to get married now and apply after 2 years of marriage?

Thanks a lot
 
it's best if you wait a while. Go ahead and graduate and then get your OPT. When you are half way through with your OPT, get married and apply for your GC.
 
savio28 said:
Jacko: she got her greencard and us citizenship thru marriage but did not file for divorce until she got the citizenship.
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That means she has to wait until it is 5 years after her GC approval before she can file for you. When did she get the GC? 2007? That would force her to wait until 2012 to sponsor you.

We are from different countries and did not know each other before her marriage. Again, it is not a fraud attempt, both marriages are for real but knowing the complexity of the immigration it might very well look like an fraud attempt. I don't want to get in trouble.
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Were they separated before she got citizenship? Even if the marriage was real, a separation would disqualify her from the 3 year rule, unless it is a temporary separation due to circumstances other than marital problems.

Is there a still legit way to obtain a greencard thru our marriage? Would it be a good idea to get married now and apply after 2 years of marriage?
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It looks like you are forced to wait 2 years anyway before she can sponsor you, due to her having obtained the GC via marriage (unless her GC was approved before 2007). If you marry now and complete 2 years of marriage by the time you apply and have the interview, upon approval you would get a 10-year green card instead of a 2-year conditional green card.

But there is still the issue of whether she was separated during the citizenship process, which you haven't answered yet.
 
Jackolantern said:
That means she has to wait until it is 5 years after her GC approval before she can file for you. When did she get the GC? 2007? That would force her to wait until 2012 to sponsor you.


Is there a specific citation in the INA or 8 CFR that you can refer him to about that?
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She was not technically separated during the process, but it gets a bit complicated there. To be more clear, she became a citizen several months ago because the ex was understanding about the process so they kept bills and everything like they still were together. Does that still matter even when one becomes a citizen?

Not sure when she was approved for GC, she got it in january 2007 if that helps, are those (approved and received dates) two different things?


Thanks everyone for your help.
 
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BigJoe5 said:
Jackolantern said:
That means she has to wait until it is 5 years after her GC approval before she can file for you. When did she get the GC? 2007? That would force her to wait until 2012 to sponsor you.
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Is there a specific citation in the INA or 8 CFR that you can refer him to about that?
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It's in the I-130 instructions.

However, that limitation appears to apply only to LPRs filing for a new spouse in INA Section 204(a)(2)(A), although the I-130 instructions don't show the exemption for citizens.

Still, one would still expect USCIS to have the HEIGHT of suspicion for somebody who divorced so quickly after obtaining citizenship through the 3 year rule and then remarries and seeks to sponsor somebody else so soon.
 
To summarize everything would it be the best option to start the GC process after 2 yrs of marriage, (assuming we get married soon) - sometimes at the end of 2012 or beggining of 2013, and thus get the long term one?

I am well aware of the possible USCIS suspicion. However, if the marriage is real, and after two years of proven joint life I guess should be OK or no?
 
The problem is not with proving that your (future) marriage to her is real, it's that she was basically faking the viability of her first marriage towards its end.

With the 3-year citizenship rule, it is important not only that the marriage is bona fide, but that it is still viable during the entire citizenship process. If she was separated and/or involved with you during her citizenship process, that meant she faked things to get citizenship; USCIS would not have approved her if they knew the facts. If she marries you anytime soon, it would appear that she was already involved with you before she got citizenship. If that was true and USCIS can dig up evidence to prove it, which they might be able to do (with the help of the FBI) if she was actually living with you at that time, her citizenship can be revoked and/or your green card denied.
 
Jackolantern said:
If that was true and USCIS can dig up evidence to prove it, which they might be able to do (with the help of the FBI) if she was actually living with you at that time, her citizenship can be revoked and/or your green card denied.
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Thank you for your inputs, but I don't get why are you assuming that we were living together towards the end of her marriage, following up with FBI and revoking the citizenship? I don't get why are you having this gloomy and abrogating tone, we are not trying to do wrong, just trying to live happily and according to the rules.
 
I have the same problem. My boyfriend is filing for divorce after 4 years of marriage, but only has his greencard for 3 years. He plans to become citizen under the 5 years rule. If we got marry soon after his divorce, will USCIS deny his citizenship or my greencard petition?
 
I called the immigration and they said nothing about this rule. I wasn't convinced and called again but same answer. Now, what's the deal, is there any credible source in written to inquire about this
 
savio28 said:
I called the immigration and they said nothing about this rule. I wasn't convinced and called again but same answer. Now, what's the deal, is there any credible source in written to inquire about this
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Follow what the immigration customer service rep told you to do, and you will be crying wolf once you and your new bride are nailed. You should do some research on this board, a great number of people here have been misled by USCIS officials, who answer the toll free number. However, just do what will make you happy, because you are free to do it...
 
Okay, so you did a good job of scaring me that we might get nailed if we follow the advice. Now, I would appreciate if you can give me a credible source to verify the issue because that will actually help and be to the point. Why reply with sarcasm "just do what makes you happy"? What's up with that

Also, can't find nothing about this online, it is mentioned nowhere
 
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I need a lawyer to interpret the meaning of this. Its ambigous and impossible to figure out is it one way or another. It comes straight from the instruction:

Who cannot apply:

5. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a U. S. citizen or lawful permanent resident, unless:
B. You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or
A. A period of five years has elapsed since you became a lawful permanent resident; or
C. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.
 
savio28 said:
I called the immigration and they said nothing about this rule. I wasn't convinced and called again but same answer.
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Don't rely on the USCIS phone people for any important matter. They are poorly trained and have screwed many people with their wrong answers.

See a lawyer.
 
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