QUESTION

Will i be able to get my citizenship if yes how many years it might take (approximately) ?

Asked on May 29th, 2016 on Immigration - Maryland
More details to this question:
I came to USA on march 2014 with k1 visa. Me and my fiance got married may 2014. I got my conditional two years permanent residency 05/30/15 which will expire 05/30/17. i am suppose to reapply in June to remove my condition. But our relationship is not working well and we might get separated very soon. But i would like to stay in US to finish my school and get my citizenship. So i could leave this country and then come back if i want to or if i have to. So my question is, on my current visa status will i be able to stay or get my citizenship even if we got divorce? If yes how many years it might take approximately?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you gather sufficient evidence to convince U.S.C.I.S. that you have had a bona fide marriage in which you were living together, you can remove the conditional basis of your residence status at any time after you obtain your divorce and before the expiration of your two-year residence on 5/30/17. In the event that the removal of conditions is allowed, you would have to wait 5 years instead of 3 years to submit your application for citizenship. Such would be in 2020, and since the law allows you to submit 90 days ahead of time, you could put in the N-400 application at the end of February or beginning of March 2020. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 25th, 2016 at 1:21 PM

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You will need to apply for removal of conditions when the time comes. You can seek a waiver of the joint filing requirement if you are in divorce proceedings or are divorced. You will need to establish you married in good faith. If you can satisfy USCIS that the marriage was entered in good faith but simply did not work out, the conditions will be removed and you will be issued a ten-year green card. You may seek naturalization after you have been a lawful permanent resident if you are no longer living in marital Union with a United States citizen. You can read more about removing conditions at http://myattorneyusa.com/seeking-waiver-of-joint-filing-requirement-of-uscis-from-i-751.
Answered on Jun 16th, 2016 at 2:09 PM

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