QUESTION
Do I look bad if I file and do I need to be divorced?
Asked on Mar 17th, 2015 on Immigration - Texas
More details to this question:
I’m a permanent resident for 6 years through my husband but we are separated due to verbal abuse. He is abusive. I don't know who should file first. I want to apply for my naturalization one day.
3 ANSWERS
If you have been a permanent resident for more than 5 years, it does not matter if you are still married or not because you qualify for naturalization in your own right.
Answered on Mar 20th, 2015 at 6:19 AM
Sorry to hear about your husband's abusive conduct and your need for a divorce. If you already have been a Permanent Resident for six years, you likely are eligible to apply now to become a naturalized U.S. citizen, and this is true regardless of whether your marriage terminated in divorce approximately six years after you adjusted status, and regardless of who is identified as the petitioner in a divorce proceeding. It would be wise for you to confer with an immigration attorney to address your immigration situation and eligibility for naturalization, and for you to confer with a domestic relations/divorce attorney about rights and responsibilities relating to a divorce. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Mar 19th, 2015 at 10:19 AM
Bruce A. Coane
Generally, it doesn't matter, as long as the bottom-line is that no one was committing fraud.
Answered on Mar 19th, 2015 at 1:19 AM