QUESTION
will I be eligible to apply for my American citizenship even if my ex husband is not yet an american citizen ?
Asked on Jan 14th, 2013 on Immigration - Florida
More details to this question:
My ex husband is an cuban immigrant and I got my greencard over 5 years ago.Since 2012 we are divorced.
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Your application for citizenship is not dependent upon anything that your ex-husband does at this time. There are many times that individuals who were dependents of or sponsored by a spouse submit and are approved for naturalization even when their spouses or ex-spouses never choose to apply.
Answered on Jan 26th, 2013 at 5:12 PM
Family Immigration Law Attorney serving Minneapolis, MN
at
Aust Schmiechen, P.A.
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Naturalization is based primarily on the following factors:
Being a Lawful Permanent Resident for 5 years
Maintaining residency in the United States
Being a person of good moral character
In my experience, the immigration status of the applicant's ex-spouse is not relevant to these factors. Assuming that you have maintained residencaligible. However, if you answer yes to any of the questions and can answer no to the questions on the N-400 pages 6-9 (with the exception of the oath requirements section in which it is expected that you answer yes), you should be eligible to be naturalized. If you have concerns about any answers you provide on pages 6-9, then you would be well advised to consult an immigration attorney.
Answered on Jan 14th, 2013 at 12:43 PM