Divorse after the green card...

[imailin]

What is the name of your state? fl

Hi, I have a friend that was married since 2003 with her now ex husband.... she got her green card conditions removed last year (NOV 2007) but she got divorce last January 2008... She is a legal resident since 2004... (I believe since September...) could she apply this year for citizenship pr she has to wait 2 more year just because she is not longer married?

 

[evcalyptos]

She must now use the 5-year rule since she is not married to her US citizen.

She should also check with a lawyer and HER paperwork to make sure she has nothing else to file. If she filed her I-751 improperly with the timing of her divorce, her naturalization can be denied. Better to check now while it is all fresh in her mind and can be fixed than to wait two years and have a problem.

 

[imailin]

She must now use the 5-year rule since she is not married to her US citizen.

She should also check with a lawyer and HER paperwork to make sure she has nothing else to file. If she filed her I-751 improperly with the timing of her divorce, her naturalization can be denied. Better to check now while it is all fresh in her mind and can be fixed than to wait two years and have a problem.

Thank you for you answer.... But I understand that after the conditions are removed and she receives the 10 years green card she does not have to file nothing else but the naturalization if she wishes.... what could be wrong? so... she does have to wait 2 more years?
thanks again!

 

[evcalyptos]

Thank you for you answer.... But I understand that after the conditions are removed and she receives the 10 years green card she does not have to file nothing else but the naturalization if she wishes.... what could be wrong? so... she does have to wait 2 more years?
thanks again!

In order to file for naturalization under the "3 years as a PR" rule, she must be married to and living with the same US citizen for the 3 years. She must remain in that marriage up to and through her oath ceremony, so NO, she is not eligible to file under the 3 year rule if she is divorced.

She must apply after she has been a Permanent Resident for five years.

Please re-read the portion about the I-751. Depending on when the I-751 was filed, when the divorce was filed and when it was completed, her case may have been approved by accident or without all the information. It is very important to confirm this now.