Can I apply for citizenship through marriage if I am now married to another American citizen?

Asked over 1 year ago - Fort Myers, FL

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?

Attorney answers (6)

  1. Jorge Ivan Pardo

    Contributor Level 13

    4

    Lawyers agree

    Answered . 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.

  2. Theodore John Murphy

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. Jeffrey Adam Devore

    Contributor Level 20

    Answered . 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... more
  5. William Gary Gerstein

    Contributor Level 8

    Answered . As long as you're married to and living with your 2nd husband, who is a USC, you can apply now.

  6. John Grayson Davidson

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    1

    Answered . 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.

    Free Consultation Anywhere in USA | 626-399-4194 | john1davidson@gmail.com | www.LawyerImmigrationLosAngeles.com

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