1. Will Former Marriage With Approved I-130 Petition Be a Problem When New Spouse Files Another I-130 Petition?
I was in a previous marriage and we had the I-130 petition approved before things fell apart and we got divorced. Now I am in a new relationship with a US citizen who will be sponsoring me for the green card. Will my past relationship give us a problem when we make the new I-130 petition for me?
Dear reader,
It is clear that this marital relationship that you are currently in is bona fide as there appears to be a child on the way. A question that could be in the back of an immigration officer’s mind is whether your former relationship was also bona fide. Although the I-130 petition was approved, an immigration officer can still look at that relationship to see its bona fides unless there was a marriage interview. You may wish to keep any proof of the past relationship in the event that your past marriage becomes an issue. Under the law, a finding of a sham marriage for immigration benefits would bar the violator from ever obtaining a green card through being petitioned.
2. Can You Tell Me How to Count My Time For Naturalization?
I got my green card in 2014 and am wondering whether I am eligible for my citizenship. During the past five years, I have been in the United States about 750 days. I have not taken any trips outside the US for six months or more. Can you tell me when I will be eligible?
Dear reader,
The minimum amount of time in the US prior to filing is one half of the required period of residence. For five years, that would be 913 days. However, persons who compile the bare minimum may find that a naturalization officer still does not feel that the person has maintained residence for naturalization purposes where the bare minimum has been met. You are probably better off exceeding that amount significantly before making the application. On the other hand, please understand that the period of time that is counted is the five years before the date of filing. That means that “good” time that you spent in the US prior to the five-year date may be lost. Please keep this in mind when you are counting your days.