Can my girlfriend marry me and still become a citizen in one year after her divorce? 2 Answers as of May 16, 2011

My girlfriend from Argentina is married to a US citizen (has been for several years). She has her green card and in one year will be able to apply for independent US citizenship. If she divorced him and married me, a US citizen, can she still become a citizen in 1 year?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
No, she must be married for three years to the U.S. citizen to be eligible in three years. Otherwise she must wait five year. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. Please call me.
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Answer Applies to: New York
Replied: 5/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is yes. Since she has already obtained her permanent legal residency (after removing conditions to residency after two years of initial green card status), she may apply for citizenship at the end of her three-year legal residency period. If you wish the services of an attorney, which she will need, in order to show that the original marriage was not entered for sham reasons, a common stumbling block even when later applying for citizenship, please feel free to call or e-mail me to set up a consultation, either by phone or in person.
Answer Applies to: California
Replied: 5/13/2011
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