My husband is originally a citizen of another country and we were married in March 2007. He received his 2 year GC in Nov. 2007. We are having a lot of marital problems and I want to get a divorce but I need to make sure first that he will still be able to apply for his citizenship if we get a divorce within the next few months. We married for love and I have many documents that proove that we live together and share our lives together. I just need to clarify a few issues:

1. Can I get a divorce at any time or do I have to wait for some specified time period before doing so so as not to hinder my husband's chances of obtaining citizenship?

2. Is it true that once I get my decree of divorce my husband can submit the decree and an I-751 and apply for cititzenship even if it is before the 90 day window (Sept-Nov 2009) ?

Any advice would be greatly appreciated! Thank you!

1) If you are in process of divorce at the time that you need to remove conditions on the CR-Green-Card, you will need to jointly file the I-751. After getting the permanent green-card, there is no problems with filing for citizenship 5 years after initially getting the 2 year green-card.

2) NO Filing I-751 is NOT filing for Citizenship, it just filing to remove conditions on a conditional green card. He will have to file an N-400 5 years after becoming a lawful Resident of the USA, or can file N-400 at 3 years if still married to you and still living with you. He can file I-751 with divorce decree requesting a waiver of joint filing as soon as a divorce is final, and this can be well before the 90 day window.

NOTE USCIS will conduct an interview to determine if the marriage was ever a bona fide one, or if it was just to get a green-card.