US naturalization and divorce

[RiaB 1]

If someone came to the US after being sponsored by their spouse, got divorced after getting the 10-year permanent green card, can they still apply for naturalization? At the USCIS site, the spouse must have the permanent green card for at least 3 years and have martial union with the spouse who sponsored him as well.

Are there any other ways to get naturalization if your are divorced?

[belinda63 2,981]

You would be eligible fives years minus 90 days from the date of LPR since on your green card.

[Darnell 8,478]

Yup yup. 5 year rule.

Other way? Sure! Join the usa army.

[RiaB 1]

5 years from permanent green card or the temporary one?

[MyMitten 0]

5 years from the date of 'residence since' on your green card, regardless of temp or permanent i think.

[MyMitten 0]

5 years from the date of 'residence since' on your green card, regardless of temp or permanent i think.

resident*

[RiaB 1]

Ok and then it doesn't matter if they are divorced or separated?

Thanks for all the info

[kovacs 20]

You should expect to be asked questions about your divorce, should you apply for naturalization.

Ok and then it doesn't matter if they are divorced or separated?

Thanks for all the info

[Shelly11 14]

I lived in the US several years before I met my husband. It didn't work out and we got divorced. I filed under the 5 year rule. The officer did not ask any questions regarding my ex-husband. I had brought everything with me just in case they did though. The officer was super nice, the nicest person I have ever come across this whole time with USCIS. And yes, I was approved. I am waiting for information on the ceremony

I'd say be prepared but I wouldn't loose sleep over it. 50% marriages end up in divorce so you are well withing normal.

Smile, you will be okay

[RiaB 1]

I want to add to say it's not me. I was born here and have citizenship. It's my soon to be ex. He married me for a green card, which I didn't know about until he left the day after he got approval for his permanent green card. I have heard from mutual friends he's getting ready to apply for naturalization and I don't want to help him out at all. I am currently trying to talk to a lawyer to start the divorce process. The divorce will be filed in the basis of immigration fraud.

[aleful 1,905]

I want to add to say it's not me. I was born here and have citizenship. It's my soon to be ex. He married me for a green card, which I didn't know about until he left the day after he got approval for his permanent green card. I have heard from mutual friends he's getting ready to apply for naturalization and I don't want to help him out at all. I am currently trying to talk to a lawyer to start the divorce process. The divorce will be filed in the basis of immigration fraud.

hi

if he does he will be denied, you just live your life and do what you have to do to divorce him

[RiaB 1]

So if he applies now while I am filing out the divorce process, he will still be denied? I am really upset because he clearly only married me to come here and I do believe that's illegal. But I can't do anything now since he got his permanent green card.

[Villanelle 4,121]

Its not as complicated as you are making it.

If you are still in a bonafide marriage then you can apply at 3 years. Otherwise you need to wait until 5 years. I guess the word "bonafide'' or valid marital union was missing from the above comments because its understood to most.

So from what you said he left as soon as he got the greencard. You have not been living together so that is not a valid marital union. Being in divorce proceedings (even if they are not final) is not a valid marital union. It also seems he is not near the 3 year mark anyway (unless he left a long time ago and you are just resolving things now) because as stated above its not 3 years of marriage but 3/5 years from the resident since date on his card.

The only other thing I can add is you state you are 'trying to talk to a lawyer to start the divorce'. Im assuming that means you havent filed yet? Getting a divorce on the grounds of immigration fraud can impact his status. However it is incredibly difficult to do so. You can file with those grounds however typically the other side (the alien) will not agree to them. The two parties are urged to come to an agreement (which is what the lawyers are for) but if you cant the judge will decide. If you are very stubborn about insisting that it be granted because of immigration fraud- well good luck!

[Darnell 8,478]

So if he applies now while I am filing out the divorce process, he will still be denied? I am really upset because he clearly only married me to come here and I do believe that's illegal. But I can't do anything now since he got his permanent green card.

it's difficult to say,

as

if he's applying based on the 3 year rule, he has to prove up there's a bonafide marriage. If I were in your exact shoes, I'd take all of the proof of fraud into the local USCIS office, seek the FDNS officer, and tell the officer:

1. I am divorcing him - I found proof of his fraud for the marriage only for immigration purposes.

2. here's the proof that I will be using for the divorce proceedings, please add this to his A-File immediately.

3. After you review my proof of marriage fraud for immigration purposes, please let me know if you will place a flag in his A-File for deportation.

but then, I'm more spiteful and vengeful than most posters here - immigration is a priviledge and not a right...

make sure your proof of his fraud is stellar before you make the infopass appointment ...

sometimes people wonder - which comes first, divorce or immigration? I say do both concurrently, as your stuff needs to be in his A-File and getting things into an A-File takes time and other humans.

as to filing a divorce - you don't need a lawyer to file ... you can attach a lawyer to the case after. If speed is important to you - just write it all out today and tomorrow and file on Thursday. Then the REST of the things to prove-up immigration fraud can be added after initial filing.

Edited December 15, 2015 by Darnell

[Jojo92122 1,924]

So if he applies now while I am filing out the divorce process, he will still be denied? Yes because he will not be able to show that he lives with his wife. He needs to show that he lives with you to naturalize under the 3 years rule. It stops here. I am really upset because he clearly only married me to come here and I do believe that's illegal. But I can't do anything now since he got his permanent green card.