QUESTION
Will divorce affect my application for citizenship?
Asked on Feb 27th, 2016 on Immigration - New York
More details to this question:
I married in 2008 and my wife filed for divorce 2015 in June. I received an unconditional green card in May 2015. I understand I would need to wait 5 years when applying for citizenship. But will divorcing one month after receiving a green card affect my citizenship application even though we were married for years and have a child?
3 ANSWERS
In the naturalization adjudication process it will be necessary to reveal your divorce and its date, regardless of applying five years after having become a Conditional Resident. At the naturalization interview/examination a USCIS adjudicating officer can be expected to re-review documentation and information about the bona fide nature of your marriage, and you should be well prepared for that. Assembling evidence that you and your former wife were married and lived together for many years and had a child together will be an important part of that preparation. It would be wise for you to work with an immigration attorney in connection with your goal of becoming a naturalized citizen.
Answered on Mar 17th, 2016 at 4:34 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your divorce will not affect your application for citizenship as long as you can prove a bona-fide marriage. Seven years of marriage and a child from the marriage seems to me to be pretty clear proof of a bona-fide marriage. Good luck.
Answered on Mar 17th, 2016 at 4:33 AM
You still might have to explain yourself. Work with an attorney.
Answered on Mar 16th, 2016 at 4:37 AM