QUESTION
Can I apply for citizenship even though I divorced my husband?
Asked on Aug 21st, 2012 on Immigration - Texas
More details to this question:
I obtained my Permanent Resident Card in Oct 2006 and finalized the divorced April 2007. Can I apply for citizenship even though I divorced my husband right after I obtained my Permanent Resident Card? I am married again with a US citizen (but I only been marry for 6 months) would that help me If I want to obtain my citizenship.
10 ANSWERS
If you are divorced from the spouse through whom you obtained permanent residence but you have been a permanent resident for at least 5 years and have complied with the other requirements for naturalization, you can apply for naturalization.
Answered on Aug 30th, 2012 at 8:45 AM
Thomas J. Rosser
Despite your divorce from your prior petitioning spouse, if you have removed the conditions on residency properly within 90 days prior to the expiration of your initial "conditional" card, are currently on your permanent 10-year I-551 ("Green Card"), and have now been a lawful permanent resident for a minimum of three (3) years, you are authorized to begin the process of naturalization to obtain your US citizenship.
Answered on Aug 27th, 2012 at 3:34 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You must wait the 5 years of residency.
Answered on Aug 27th, 2012 at 3:34 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If you have permanent residency, the answer is yes. No needs to question why you divorced.
Answered on Aug 23rd, 2012 at 5:04 PM
Bruce A. Coane
You certainly can apply. They could ask you to prove you had a bona fide marriage before, but that's about the worst of it (assuming it was bona fide).
Answered on Aug 23rd, 2012 at 5:03 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can apply but will be questioned regarding your prior marriage. You should be well prepared prior to doing your interview :).
Answered on Aug 23rd, 2012 at 5:03 PM
Rebecca T White
It is always possible that filing for naturalization may lead to some questions regarding the good faith nature of your prior marriage. If there are potential issues with the prior marriage you will want to discuss your situation with an attorney prior to filing. If there are no issues, you can file for naturalization after 5 years as a permanent resident, assuming all other requirements are met.
Answered on Aug 23rd, 2012 at 5:03 PM
A Lawful Permanent Resident may apply to become a naturalized citizen after five years, despite the termination of her marriage to the U.S. Citizen spouse who had sponsored her for a Green Card. This is true even if the divorce took place not long after she obtained her Green Card. In the naturalization process, however, it would be wise to anticipate the USCIS adjudicating officer inquiring about the divorce and its timing, and to be prepared to supply documentary evidence to prove that upon the date of the successful adjustment of status, the couple was living together in a bona fide marriage notwithstanding that it was troubled and soon ended. Especially with the complication you described, it would be wise to engage an immigration attorney to review the relevant details and circumstances and to provide representation for the naturalization process.
Answered on Aug 23rd, 2012 at 5:02 PM
You can apply for citizenship but the Immigration Service will scrutinize the circumstances of your marriage/divorce. You should have no problems if you can show that you had good intentions to make your marriage work.
Answered on Aug 23rd, 2012 at 5:01 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As long as you have been a resident for at least 4 years and 9 months, you can apply for naturalization. It does not matter that you are no longer married to your ex-husband unless immigration alleges marriage fraud, but that is unlikely.
Answered on Aug 23rd, 2012 at 5:01 PM