Divorced after 4 years of getting Greencard

[TriniTex1 1]

Hello everyone, I have a question. January 2017 is when I am eligible to apply for citizenship under the 5 year rule (Jan 2017 makes it 5 years since I received my green card). My wife and I ended up divorcing last month (We were married for 7 years) and when we divorced, I was actually eligible to file for citizenship, but it didn't interest me at the time. As a matter of fact, I have been eligible to file for citizenship since January 2015 seeing that we were married at the time (3 year rule). I just never did it.

My question is, because of my divorce last month, do I now have to wait until the 5 year period (Jan 2017) to file for citizenship? Or can I file now seeing that we were married and living together for 3 years after getting my green card and I was in fact eligible? I have no problem waiting since January is right there but I want to travel the world and possibly live overseas so a US passport will come in handy to avoid visa fees etc.

So my question in other words, is does the 3 year rule still apply to me or do I now have to rely on the 5 year rule seeing that I am divorced?

Thanks for your assistance.

[aaron2020 11,651]

You can not file under the 3 years rule since you are no longer married to a USC. You must wait to naturalize under the 5 years rule.

[TriniTex1 1]

You can not file under the 3 years rule since you are no longer married to a USC. You must wait to naturalize under the 5 years rule.

Thanks Aaron, I sorta figured so but wanted to make sure. Should have filed since last year but we Trinis (or maybe its just me?) love to procrastinate. January 2017 it is.

[teeak 224]

As stated above, you're no longer married so you'll need to wait until 5 years to apply for citizenship. Additionally, you can actually file/mail your application 90 days before you complete the 5 year requirement:

https://www.uscis.gov/forms/uscis-early-filing-calculator

[JimmyHou 610]

Hello everyone, I have a question. January 2017 is when I am eligible to apply for citizenship under the 5 year rule (Jan 2017 makes it 5 years since I received my green card). My wife and I ended up divorcing last month (We were married for 7 years) and when we divorced, I was actually eligible to file for citizenship, but it didn't interest me at the time. As a matter of fact, I have been eligible to file for citizenship since January 2015 seeing that we were married at the time (3 year rule). I just never did it.

My question is, because of my divorce last month, do I now have to wait until the 5 year period (Jan 2017) to file for citizenship? Or can I file now seeing that we were married and living together for 3 years after getting my green card and I was in fact eligible? I have no problem waiting since January is right there but I want to travel the world and possibly live overseas so a US passport will come in handy to avoid visa fees etc.

So my question in other words, is does the 3 year rule still apply to me or do I now have to rely on the 5 year rule seeing that I am divorced?

Thanks for your assistance.

As Aaron said, the 3 year rule doesn't apply to you; it is for spouses of US citizens.

You say that you'll have been a resident for 5 years in January 2017... you're allowed to mail your application up to 90 days early (before the 5th anniversary of the Resident Since date on your card) if you meet all other conditions, so you may be able to apply as soon as October 2016.

https://www.uscis.gov/forms/uscis-early-filing-calculator

[TriniTex1 1]

As stated above, you're no longer married so you'll need to wait until 5 years to apply for citizenship. Additionally, you can actually file/mail your application 90 days before you complete the 5 year requirement:

https://www.uscis.gov/forms/uscis-early-filing-calculator

Thanks. January is actually the beginning of the 90 days. My actual date is April 2017 but I plan to file in January.

[TriniTex1 1]

Thanks for the speedy responses yall. Good luck to all those who are going thru this process or something similar.