QUESTION
Would the divorce prevent me from becoming a US citizen?
Asked on Oct 28th, 2013 on Divorce - Washington
More details to this question:
I'm in the middle of process of becoming a US citizen and in the middle of divorce (next week is my citizenship interview). I am married for 6 years to a US Citizen. I arrived here in United States in 2009. I already have my 10 year green card. My husband filed for a divorce right after I applied for citizenship a month later. We have one child who is 3 years old and we are living in different addresses now. Take note I entered my marriage genuinely and have had loved my soon to be ex.
10 ANSWERS
If you have been a lawful permanent resident for more than five years, then the divorce in and of itself will not disqualify you. In addition, it seems like you have significant proof of your relationship without contrary evidence. You are allowed to have an attorney appear, help you prepare and witness the naturalization examination.
Answered on Nov 01st, 2013 at 7:04 AM
If you applied for citizenship on the basis of being a green card holder for 5 years then divorce is not going to affect your ability to naturalize. It is only if you filed for naturalization on the basis of being married to a US citizen for 3 years that it could affect the timing of your application for naturalization and whether you were eligible at the time of filing.
Answered on Nov 01st, 2013 at 3:48 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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As long as your marriage has not been legally terminated before a decision is made on your citizenship application, you should still be eligible for naturalization based on your marriage to a US citizen for the last 3 years.
Answered on Oct 31st, 2013 at 8:34 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Have you been a Permanent Resident (including conditional resident time) for five years?
Answered on Oct 31st, 2013 at 7:26 AM
You will be fine. Don't worry about your divorce.
Answered on Oct 31st, 2013 at 7:11 AM
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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You are eligible to apply for citizenship. Generally, a person can apply for naturalization (citizenship) after being a Permanent Resident for three years if that person is married to a U.S. citizen. If the person is not married to a U.S. then one has to be a Permanent Resident for five year before applying for citizenship. In your case, since you have been a Permanent Resident for six years, you are eligible for citizenship, and your divorce shouldn't have any bearing on your citizenship. However, in your application, if you are divorced by the time of the approval of the citizen, then you should let the officer know of that. If your divorce gets finalized after the interview but before your oath ceremony, then you can disclose that during the oath ceremony on the form that you will received for your oath ceremony.
Answered on Oct 30th, 2013 at 6:27 AM
Rebecca T White
Given the length of time you have been a permanent resident, and the length of your marriage, the divorce will not impact your naturalization application.
Answered on Oct 30th, 2013 at 6:24 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Not necessarily. If you have had your green card for 5 years you should have no problem becoming a citizen. If you have had it for less than 5 years, you may have to wait until your 5 year anniversary of receiving your green card.
Answered on Oct 30th, 2013 at 6:24 AM
No, the divorce should not be an issue for your citizenship application and interview.
Answered on Oct 30th, 2013 at 6:23 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you have a green card already it should make no difference.
Answered on Oct 30th, 2013 at 6:23 AM