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Married to a USC question

Married to a USC question

Old Jul 20th 2011, 7:08 pm
  #1  
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Default Married to a USC question

This is a question regarding my Aunt's status. I'm looking for a quick answer to give her.

She was originally a UK citizen and married a to UKC. They emigrated to Canada and both became CC.
In early 2000's they came to the USA under L1. My uncle opened a business in Texas and was able to enter under L1. They both got green cards.
They officially divorced in 2010 and she remarried this year (May) to a USC.

Her green card is due to expire in January next year (2012).

She says that 'the rules have changed' for becoming a USC now she is married to a USC. I think she's basing this on GOOGLE and not on legal advice.

Can anyone shed some light/give a brief description of what she can do? She's worried that she won't be able to extend her green card and that she won't be able to become a USC.

I'm pushing her to get an attorney but I'm also wondering if she just needs to fill out some forms etc....

Any help appreciated.
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Old Jul 20th 2011, 7:18 pm
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Default Re: Married to a USC question

Guessing from your description she has been a permanent resident for almost a decade and is therefore eligible to become a USC on that basis alone.
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Old Jul 20th 2011, 7:28 pm
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Default Re: Married to a USC question

Without knowing what her objection is, it's a little hard to answer that.

She is probably eligible to naturalize to US citizenship just based on how long she's been a PR. She can also just renew her green card, but naturalizing would be much more secure.


she may be thinking of the waiver option that allows PRs to naturalize after 3 years of PR + 3 years of marriage to a USC. Maybe she's confused & thinks she can't naturalize until she has been married to her new USC spouse for 3 years?

If that is what she thinks, she's mixed up. She doesn't have to apply on that basis because she has already been a PR for over 5 years (the usual minimum).
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