whiskers08

Hi I wonder if any one can help, i am a LPR of 7 yrs, i went to Usa from Uk to marry, on our 3rd wedding anniversary she told me it was over i moved out with my two boys.I was on my own for 12 months then met online my current gf, we have been dating for 2 yrs and she has been over 12 times to visit.I want to marry her but heres where the sticky part comes in.As i believe because i am only a LPR it can take 5 yrs to process, the only way to make it happen quicker is to become a Citizen then get a divorce.
1: As i am seperated from my wife no possibility of a re unite,how will this effect applying for Citizenship, if i applied for divorce for filing would citizenship be denied?
We have tried the other alternative, her trying to get transfer with her work, her company is Usa owners, but because she is not a manager it cant happen.

Any advise would be appreciated

Thanks

meauxna

If you plan to stay in the US permanently, you should seriously consider naturalizing to US citizenship.

If you plan on not getting back together with the wife you came to the US to marry, you should seriously consider getting divorced.

If you plan on marrying and petitioning for a non-USC spouse, well, you'll have to get divorced first, marry and then petition. You should seriously check out the Visa Bulletin on travel.state.gov for current visa backlog times (they are shorter than they used to be).

If you naturalize, you have the option to petition a fiance, OR a spouse.

It's all going to take a couple of years no matter how you slice it (could be *slightly* less) so it sounds like you've got some homework in front of you!

whiskers08

Hi Thanks for the reply.
Yes i want to stay in Usa, its my home and my boys home.
I want to become a citizen and want a divorce, but unsure which is the best neutralise then divorce or divorce then neutralise, i keep getting different advise.
Then theres the other side divorce, marry and get the ball rolling so at least fiancee in the system, then file change once i get citizenship.
I think ive read that much my heads is in turmoil

Nutmegger

If the OP has been a LPR for seven years, isn't his marital status irrelevant to him becoming a naturalized citizen? If that is the case, he could get the ball rolling on both naturalization and divorce, one has nothing to do with the other.

meauxna

I don't know where you're getting your advice, so I don't know what might be a pro/con for doing one or the other first, but I also don't see why the 2 processes couldn't be started in tandem. They are unrelated to each other, and your naturalization is not relying on the length of your marriage (you do need to indicate on your application if you are married or not, but you are allowed to change that!).

Spouses of PRs who were petitioned 01JAN10 are now getting their visa numbers. So, not 5 years any more.

whiskers08

Thank you, your replys are just what i thought, after hours on hours of reading sometimes things get that muddled you just want to hide away.I read site tonight that shows they are now doing visas for fiancees of green card holders in 2 yrs. Ive done 2 yrs now so another 2 wont harm us,Just gets harder and harder each time she has to go home.

Again thank you

fatbrit

Fiancées of green card holders have an infinite wait -- there's no category for them!

meauxna

That is NOT right.. fatbrit is correct. I let it slide on the first post because she is (unofficially) your fiancee now. But you MUST be married to petition her, while you are an LPR.

Rete

You are correct. As a 7 year LPR, he is eligible to naturalize on under the 5 rule and does not have to use the 3 year married to a USC eligibility. I believe this is what you were talking about.

At the same time, he can file for divorce. It is as you say one has nothing to do with the other.

Note naturalization is only taking 6 to 12 months these days. So apply on Tuesday and retain a lawyer on Wednesday. Both processes might well be completed at the same time. Since you are a British Citizen, go to the UK, get married or have her come here and marry and you file the I-130 for her and she returns to the UK at the end of her stay.

ian-mstm

As the others have noted, getting divorced and naturalizing are not related in your situation. However, if you want anything to happen with the new person, you must be divorced. If it were me, I'd concentrate on that first.

Ian

gnasher12

I think also once your divorced, if you petition for your fiancee, or get married and petition for your wife, so it is in the system,

you then apply for citizenship, when that comes through you can notify USCIS to upgrade your petition, because she would then be a spouse of a USC, not LPR.

not sure if this way will speed up or not, but she would be in the system faster i think.

whiskers08

Thank you all, this has certainly made things a lot clearer will let you know how i go on

Many Thanks

ian-mstm

From point A to point B, it will take the same amount of time. The advantage to having her in line is in case something happens that delays his naturalization.

Ian

Noorah101

He won't be able to file a petition for her if she is only a fiancee. She will need to be his wife. An LPR cannot file a petition for a fiancee visa.

Rene

Rete

Non-USC cannot petition for a fiancee. That privilege is only accorded US Citizens.