US Citizenship elgibility

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thinkingeye

Registered Users (C)
Hi All,
I got my temporary GC through my ex wife in 2006 june for 2 yrs and we got divorced in 2007 august.We have a son together and in jan 2008 i appled for removal of condition and they asked for all the necessaty docs (divorce papers), then i got my final GC for 10 yrs in 2008. Now i want to file for US citizenship and people are saying that i must be married for 3 years else wait for 5 years to file, but some people are saying since i produced all the divorce docs and they accepted my GC for 10 yrs with no restrictions i'm elgible to file for citizenship, i'm confused to file or not to. Please need advice.
 
thinkingeye said:
Hi All,
I got my temporary GC through my ex wife in 2006 june for 2 yrs and we got divorced in 2007 august.We have a son together and in jan 2008 i appled for removal of condition and they asked for all the necessaty docs (divorce papers), then i got my final GC for 10 yrs in 2008. Now i want to file for US citizenship and people are saying that i must be married for 3 years else wait for 5 years to file, but some people are saying since i produced all the divorce docs and they accepted my GC for 10 yrs with no restrictions i'm elgible to file for citizenship, i'm confused to file or not to. Please need advice.
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5 years, to be eligible for 3 years you have to be married on same person for 3 years.
 
thinkingeye said:
We got divorced in 2007 august, married again in march 2008 but we never filed for divorce, so does that account for 3 years and can i file ?
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You have to be in a martial union with a US citizen and have been a LPR for 3 years.
What do you mean you divorced , remarried but never filed for divorce?
Did you separate from your spouse and then remarry your spouse?
 
Bobsmyth said:
You have to be in a martial union with a US citizen and have been a LPR for 3 years.
What do you mean you divorced , remarried but never filed for divorce?
Did you separate from your spouse and then remarry your spouse?
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yes we got divorced in 2007 august, but reconciled and again got remarried in 2008 march but living seperately but neve filed divorce legally, so does that count as 3 yrs?
 
I'm confused..in your original post you stated "ex wife" and mentioned divorce papers. Are you married to the same person or am I missing something here?
 
Bobsmyth said:
I'm confused..in your original post you stated "ex wife" and mentioned divorce papers. Are you married to the same person or am I missing something here?
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Am married to the same person, sorry about the typing mistake.We initally got divorced in 2007 august, but married again in 2008 march but are living seperately (NOT LEGALLY SEPERATED), we never filed for divorce after we got married the second time.
 
without any offence
Question may arise whether you got legally married just for getting immigration benefits as you are leaving separately - why would some one marry and live separately in your case
 
thinkingeye said:
Am married to the same person, sorry about the typing mistake.We initally got divorced in 2007 august, but married again in 2008 march but are living seperately (NOT LEGALLY SEPERATED), we never filed for divorce after we got married the second time.
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Informal separations are judged on a case by case basis. You may be successful if you can demonstrate that the informal separation was used as a cooling off period and that no divorce paperwork was ever filed.
Any reason for the re-marriage other than a symbolic gesture since you were still legally married to her?
 
Bobsmyth said:
Informal separations are judged on a case by case basis. You may be successful if you can demonstrate that the informal separation was used as a cooling off period and that no divorce paperwork was ever filed.
Any reason for the re-marriage other than a symbolic gesture since you were still legally married to her?
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We wanted to reconcile because of our son but it didnt work out
 
thinkingeye said:
We wanted to reconcile because of our son but it didnt work out
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so you mean you are still separated again from her after you re-married her. Then applying under 3-year rule is not a good idea because your marriage is not bona fide marriage plus you don't live with her. Applying under 5-year rule is better.
 
thinkingeye said:
We are still legally married.
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So you married, informally separated, remarried (to reconcile eventhough you were still legally married) , but are now again informally separated.. It will be very difficult (if not impossible) for you to show that you have been in a martial union during the entire statutory period considering you have two informal separations (and are still separated from her)
 
To qualify to apply with the 3-year rule, you need to be living with and married to the same US citizen for the past 3 years, including still being married to and living with them, and with no maritally-significant separation during those 3 years. So it looks like you do not qualify, due to the clear separation in 2007-2008, and because you are not living together now. Being legally married is not good enough.
 
thinkingeye said:
We are still legally married.
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You will need to think with your brains, it is clear your eyes can't substitute the brain power. :eek: You posting are full of contradictions and I'd hate to see what will happen if you have to be interviewed by IO. I am afraid that you might be eaten alive by USCIS, because you marital status is a contradiction of huge proportions..:eek:
 
Jackolantern said:
To qualify to apply with the 3-year rule, you need to be living with and married to the same US citizen for the past 3 years.
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Actually the requirement is to be a marital union for 3 years all the way up to oath. There is some leeway given to couple not living together due to economic hardship (ie jobs in different states, or military), or who have lived apart for short time due to a "cool off" period. However, neither seems to be applicable in the OPs case.
 
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