please help can i apply for US citizenship

[testboy]

Hi i am a little confused and really need soem help if I could apply for US citizenship.

I becase a US resident in May 2005 throught marriage to US citiizen. I got devorced in September 2007. Remarried to a non US resident in 2008 July, whome I sponsor as a PR to immigrate to USA, my new wife and baby still live in my home country.
Because myu wife is still living backhome I travel a lot spending a few mths a time 2-3 then return to US. In all i extimate i spent 2 mths from 05 to 07 and about 12 mths from 08 to 2010. never mpore than 6 mths straight.
My passport is old and damaged due to negligents, also expires this mth JUNE 2010 which i play to renew or get a new one if I can.
so with all trhis been said do u think i can still apply say by September 2010 i could straigten out my slef and get the documents. please help. most appricate your help.
Thanks not sure

 

[Jackolantern]

I becase a US resident in May 2005 throught marriage to US citiizen. I got devorced in September 2007. Remarried to a non US resident in 2008 July, whome I sponsor as a PR to immigrate to USA, my new wife and baby still live in my home country.

Have you already filed the I-130 for your new wife? If you filed it before May 2010, it will ultimately be rejected, because you obtained your GC thru marriage which means you need to wait 5 years before you can file I-130 for a new spouse.

Because myu wife is still living backhome I travel a lot spending a few mths a time 2-3 then return to US. In all i extimate i spent 2 mths from 05 to 07 and about 12 mths from 08 to 2010. never mpore than 6 mths straight.

Only 2 months inside the US from 05 to 07? Or 2 months outside?

so with all trhis been said do u think i can still apply say by September 2010 i could straigten out my slef and get the documents. please help. most appricate your help.

You can apply and see what happens. But beware that your case will be viewed with the HEIGHT of suspicion because you married a non-LPR noncitizen so soon after your short marriage to a US citizen. Your situation resembles the classic marriage fraud case, where somebody marries a USC to get a GC and citizenship, and divorces them and sponsors a new spouse for a GC, typically from their original country. The USC was basically just a tool to get a GC for themself and the new spouse. If there is evidence of you having a prior relationship with your new spouse before you got your GC, you will be 99% doomed.

You can apply with your damaged expired passport.

 

[testboy]

No i spent about 2 to 3 mths out of US from 05 to 07. ie i live in US for 1 yr 10 mths from 05 to 07. I was married for 7 year to former wife before i actually got my GC. My marriage to first wife was legit not some fake thing. things just did not work for us. Anyways based on the info i posted do u think i can still apply with some confidence.
thnaks

 

[Jackolantern]

No i spent about 2 to 3 mths out of US from 05 to 07. ie i live in US for 1 yr 10 mths from 05 to 07.

OK that's not too terrible.

I was married for 7 year to former wife before i actually got my GC. My marriage to first wife was legit not some fake thing.

OK, the length of the marriage makes things look a lot better. But if you already filed the I-130 for your 2nd wife before your 5-year GC anniversary, and it has not yet been approved, I would advise you to withdraw it in order to avoid getting the sponsorship of your new wife complicated by the 5-year waiting period*. If you withdraw it, file a new I-130 after you become a citizen.


*there is an exception to the 5-year rule, but it requires "clear and convincing evidence" if the marriage did not end in death, which is a very high standard to pass. Don't count on passing it; it's better to withdraw it and reapply in order to avoid battling with USCIS over it.