For Citizenship and Unconditional Green Card, After divorce

[docanushkam]

Hi ,
I dont know whether this is the right place to post this topic or not. This is my 1st post though.
I registered in this forum after googling it out regarding a problem my office coleague is facing. I am completely new to these concepts thus have to ask like a newbie only.

She married a foreigner a year ago.He is a fine and good man but they are not going well as they are finding newer differences between each other regarding personal & professional life.And now they want to divorce as he has found some lady of his nationality and he say she understands him more.This new fiance is a US citizen and ready to marry him.
But my friend and her husband still love each other a lot and she wants him to become a citizen of USA without any hassle. He has received his 2 yr conditional green card already and working.

In another forum i found this : "Three years after receiving his first (2 year) GC your husband can get citizen - as long as he's still married to you".....

i) So he means after 3 yrs of getting ones conditional green card, one can apply for citizenship or may be a 10 yr conditional green card. Is it true ?
(I googled it and found that after they are given a 2 yr unconditional green card , they have to remove condition after 2 yrs to get a unconditional 10 yr green card and still then he is permanent resident and not a citizen.)


ii ) They are looking everywhere for good advices for : ideally when can they divorce and he can marry this lady but still can get his 10 yr unconditional green card & finally his citizenship .

iii) will it be safe to divorce before getting the 10 yr unconditional thing ?

I wd appreciate all helps and advices.

Thanks a lot !!

[PraetorianXI]

i) So he means after 3 yrs of getting ones conditional green card, one can apply for citizenship or may be a 10 yr conditional green card. Is it true ? After 2 years as a resident, you must remove conditions on your conditional card with form I-751.
(I googled it and found that after they are given a 2 yr unconditional green card , they have to remove condition after 2 yrs to get a unconditional 10 yr green card and still then he is permanent resident and not a citizen.)


ii ) They are looking everywhere for good advices for : ideally when can they divorce and he can marry this lady but still can get his 10 yr unconditional green card & finally his citizenship . Staying married for the sake of a GC is approaching fraud... they need to divorce, period.

iii) will it be safe to divorce before getting the 10 yr unconditional thing ? The foreign spouse can become a citizen after 5 years, if they divorced. It will take 2 more years than if they were married, but it is not a big deal.

Your co-worker will have a harder time to prove a bonafide marriage this second time, marrying another foreign person

[docanushkam]

thanks PraetorianXI for the reply. They are not doing any visa fraud i think. He has already got his two year conditional green card. they love each other a lot but their way of life style is not matching thus he started talking to a lady here(us citizen) who is of his nationality, and as you can understand people talking same mother language communicate better. So as you are saying "will it be safe to divorce before getting the 10 yr unconditional thing ? The foreign spouse can become a citizen after 5 years, if they divorced. It will take 2 more years than if they were married, but it is not a big deal."
i)I didnt understand this statement ........ so they can divorce now ? and after 5 yrs he can become the citizen ?

ii) from your talks it seems its best to get divorced after he has got his 10 yr unconditional green card ( means after 2 more years ) ...... in that way it wont be hard to prove a bonafide marriage for both of them. ( which in reality is tue.They live togther, just their choices and way of life is clashing with each other)

whats ur advice ?

[PraetorianXI]

it is best if they divorce once he has obtained his unconditional 10 year gc. he will have to wait until 5 years have passed since he first obtained the conditional residence to file for citizenship (vs 3 years if he was married).