I am a Permanent Resident of the US for the last 3 1/2 years, I got the status through marriage. My ex husband and I divorced shortly after I received my Permanent Resident card. I got married again, and my current husband is also an American citizen (since birth).
My question is: can I apply for citizenship through marriage even though I am no longer married to my first husband, which is the one I obtain my "green card" through?
Or should I wait until I am a Permanet Resident for 5 years?
It may be better to wait another year and three months before you apply for citizenship. The divorce soon after receiving your permanent residency will cause concern.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
You need 3 years of permanent residence and reside with your U.S. citizen spouse. In short, the answer is no. You will have to wait another year and a half to apply as a 5 yr permanent resident. Marrying another U.S Citizen re-starts the 3 yr clock.
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I concur. It is better to wait. Concerns may turn out to be vital and painful. Defending your LPR status in immigration court - expensive and stressful.
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There is nothing legally wrong with your marrying another US citizen. However, it certainly will raise a red flag with USCIS. Your argument might be that you had your permanent greencard anyway and therefore this marriage puts you in no better position for a greencard. I'm not giving legal advice, just thinking out loud.
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In order to apply for expedited naturalization you must be a resident for at least 3 years and reside with your current U.S. citizen spouse in marital union for at least 3 years. Thus, whether you are eligible at this time will depend upon how long you have been married to and residing with your current spouse, and we don't have that information.
I suggest you consult with an experienced immigration attorney who can do the math to determine your eligibility date. Additionally, since you got divorced "shortly" after you became a permanent resident you should expect USCIS to review the bona fides of your prior marriage during the course of your naturalization interview.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
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