marriage w green card holder

N

niccollo

Registered Users (C)
I have a relationship with a person who received her Green Card for 10 years and next step for her is applying for naturalization (citizenship).
She is still married, but ready for divorce.
Cause my Visa is going to expire (came as a J1 Internship), will I be able to apply for GC if I merry her?
What are my chances of getting GC?

Thank you for your effort to help and your time!
 
Once your J-1 expires, you will not have any protected status until your wife (once she is divorced and marries you of course) until she becomes a citizen.
How long has she been a greencard holder for. If her greencard was received through marriage, then she will need to wait 5 years from the date her conditional greencard was issued (less 90 days) until she is eligible as she will be divorced and the 3 year rule will no longer apply to her.

If your J-1 expires before she becomes a citizen (regardless of whether you are married or not), then your status will not be protected and you are deportable.

You might also want to look into whether your J-1 visa has a 2 year home residency rule on it.

As to whether (once you are married and she has become a citizen) you will be successful in obtaining a GC will depend on how well you can prove to the interviewing officer that the marriage is bona fide and not one for immigration benefits.
 
elcupacabras said:
How long has she been a greencard holder for. If her greencard was received through marriage, then she will need to wait 5 years from the date her conditional greencard was issued (less 90 days) until she is eligible as she will be divorced and the 3 year rule will no longer apply to her.
Click to expand...
There is another issue ... if her green card was through marriage, she has to wait until 5 years after her green card was initially approved before she can sponsor a spouse for a green card.

For more answers, ask in the Family-Based Green Cards section.
http://forums.immigration.com/forumdisplay.php?f=39
 
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