My fiance, who is a legal resident, divorced his US citizen wife after 2 years of being in the US - he is not eligible to apply for citizenship. We plan to get married this year and I am a US citizen. Will he eligible to apply for citizenship next year since he would have resided in the US for 3 years? Or will he have to wait 5 years?
Your fiancé will only be able to become a US citizen five years after the date that he was granted his initial green card. The three-year rule generally only applies where the individual is still married to the same US citizen from whom he or she received the initial green card-not the combined times of two marriages. In order for him to take advantage of the three-year rule based upon your marriage, he would have to show that you and he were married for three years; that you have held US citizenship for three years; and that both you and he have lived together without significant break for three years. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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