QUESTION
Is divorce going to affect my immigration status if I decide to apply for citizenship in two years or any time after that?
Asked on Jan 17th, 2013 on Immigration - Florida
More details to this question:
My wife and I got married 3 years ago and I just got my ten years green card back in September 2012. Things are not working well and I think we will end up filing for divorce soon!
10 ANSWERS
If you are no longer married, you have to wait until you have been a permanent resident for 5 years before being eligible to apply for US citizenship.
Answered on Jan 24th, 2013 at 1:21 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If you are not going to apply for citizenship by the 3 anniversary of your green card (as a husband of a U.S. citizen), and going to wait another 2 years, than a divorce should not present a problem for your naturalization. There is a catch, though: in New York (and in almost every other state), you cannot get a no-fault divorce or a divorce on the ground of abandonment unless you state that your marriage has fallen apart for 6 months (no-fault) or 1 year (abandonment). If that takes you within the time limits of your conditional residence, you will likely have problems with USCIS during your naturalization process. So make sure that your divorce attorney happens to understand the immigration law.
Answered on Jan 22nd, 2013 at 6:55 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you have your green card and are filing for divorce, your divorce should not affect your permanent residency. However, unless you and your spouse are able to reconcile and you do not file for divorce, I suggest that you wait the 5 years from the date that you received your green card to apply for citizenship.
Answered on Jan 21st, 2013 at 7:11 PM
No, it will not affect your eligibility for citizenship. Immigration can always look into fraud issues though, so keep all your documentation proving a bona fide marriage.
Answered on Jan 21st, 2013 at 7:10 PM
Adebola O. Asekun
You are eligible for citizenship within 3 years only if you are still married to your wife who, presumably sponsored you for the green greed. If however you divorce her within 3 years of Sep. 2012, you can still file for citizenship, but then only after 5 years of Sep. 2012. If you divorce her now, it will be a wise thing for you to keep and retain as may documents as possible that attest to the bona fides of your marriage. If you opt for the N-400 within 5 years, a natz examiner may be inclined to ask questions regarding your marriage and divorce to ensure that your marriage had not been entered into solely to avoid immigration laws. You should really consult with an immigration attorney nonetheless
Answered on Jan 21st, 2013 at 7:10 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You will need to wait until 5 years after getting your LPR card before you are eligible for naturalization if you get divorced.
Answered on Jan 21st, 2013 at 7:09 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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The divorce shouldn't matter as long as the marriage was genuine. And you must wait 5 years after receiving your green card before you can apply for US citizenship (not 3).
Answered on Jan 21st, 2013 at 7:09 PM
Immigration Law Attorney serving Staten Island, NY
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Law Office of Jeffrey Lisnow
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You may want to review your case with an experienced Immigration Attorney. The spent spent should be well worth it if you can be guided in the right direction. Immigration is Federal Law, so any qualified attorney should be able to assist you. Many of us, such as myself, will do telephone consultations to accommodate people.
Answered on Jan 21st, 2013 at 7:03 PM
If the marriage ends before you obtain your citizenship, you will have to wait the longer period as a permanent resident, instead of the shorter time allowed for spouses of US citizens, in order to apply for citizenship. However, as long as the marriage was a bona fide marriage at the time it was entered into, the divorce should not affect your immigration status and application for citizenship.
Answered on Jan 21st, 2013 at 7:02 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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All immigration questions depend heavily on the facts of each individual applicant, and there are no easy answers. The best thing you can do is visit with an attorney and go over your options.
Answered on Jan 21st, 2013 at 7:02 PM