Jump to content
Don19423

10 year green card, citizenship, divorce

10 posts in this topic

Recommended Posts

Hello. I've always gotten great advice from this forum. This is my situation.

Currently I'm my 10 year green card, had conditions removed. I'm past the three years my green was valid since 09-2013. Which means I'm elible for early citezship. My marriage is basically over. My wife cheated on me. My life is here now, my job is here, my future is here. Me and my wife married for love just to clarify.

My concerns are:

If I file for citezship does my wife play a part? Is there an interview or will she need to do anything? Can I just send off for it and be done with it.

If we divorce, what are the chances of getting citezship after?

If we divorce can I wait till 2023 (when green card is up) then apply maybe I might be married again.

What would u do, what advice can I you give.

Thanks,

Share this post


Link to post
Share on other sites

hi

if you file for the 3 year rule, of course you wife plays a part, you must remain married and show that your marriage is bona fide, you will need to take evidence to the interview/test and they will ask about your marriage and co mingling of finances, just like you did when removing conditions

if you divorce, you will need to apply having 5 years of being a resident. you can file after that whenever you want to

citizenship is an option, there are those who never have filed for citizenship, they have only renewed the GC every 10 years before it expires

if it is over, you can divorce and in the future if you want to, file for citizenship having at least 5 years of residency

*** so the interview will be and my wife? I know about the test. We live together right now and have proof for the past three years. If she decides to help me is the paper work enough. Or will they sit us down together and interview?

So I do not have to be married to the same person or at all and in five years from original date, the divorce wont count against it?

Again with the 10 year, I could see out the remaining 7 years divorced when it comes to applying there won't be issues?

Share this post


Link to post
Share on other sites

hi

if you file for the 3 year rule, of course you wife plays a part, you must remain married and show that your marriage is bona fide, you will need to take evidence to the interview/test and they will ask about your marriage and co mingling of finances, just like you did when removing conditions

if you divorce, you will need to apply having 5 years of being a resident. you can file after that whenever you want to

citizenship is an option, there are those who never have filed for citizenship, they have only renewed the GC every 10 years before it expires

if it is over, you can divorce and in the future if you want to, file for citizenship having at least 5 years of residency

*** so the interview will be and my wife? I know about the test. We live together right now and have proof for the past three years. If she decides to help me is the paper work enough. Or will they sit us down together and interview?

So I do not have to be married to the same person or at all and in five years from original date, the divorce wont count against it?

Again with the 10 year, I could see out the remaining 7 years divorced when it comes to applying there won't be issues?

My obvious concerns are staying after a divorce, again my life is here, I'm a teacher, I have wonderful friends. This is where my home is now.

What would you do. I always like asking that question

Share this post


Link to post
Share on other sites

You can only file under the 3 years rule if you have an ongoing bona fide marriage until you take the oath. Since your marriage has broken down, you can not file under the 3 years rule.

In 2018, you can file under the 5 years rule and your ex-wife (by then) will not be a part of it.

Divorce does not affect your chances of citizenship in a future application.

You can stay a green card holder for your entire life. If you want US citizenship, then you would be eligible in 2018 and afterwards.

Share this post


Link to post
Share on other sites

hi

no, she won't be at the interview, but you still need to remain married, even to the Oath ceremony, they will ask you if you are still married

you have to prove that you are still married for the 3 year rule, it is a privilege for those only married to a USC

if you divorce at any point, you can't go on and you must withdraw the petition, and re file when you have 5 years of being a LPR

Share this post


Link to post
Share on other sites

Thank you this has been so helpful. I think the plan will be appy in 2018 (5years). Just so I'm ready for that, when that time comes and I apply, will they want to know about the divorce. Will they want evidence that my soon to be divorced marriage was bona fide. Basically will I need to save evidence?

Share this post


Link to post
Share on other sites

hi

no, she won't be at the interview, but you still need to remain married, even to the Oath ceremony, they will ask you if you are still married

you have to prove that you are still married for the 3 year rule, it is a privilege for those only married to a USC

if you divorce at any point, you can't go on and you must withdraw the petition, and re file when you have 5 years of being a LPR

Just trying to get as much info as possible. What if we are still married and we are working on our relationship during the ceremony period?

Share this post


Link to post
Share on other sites

*** so the interview will be and my wife? No. Filing under the 5 years rule has nothing to do with your wife or ex-wife. There is no marriage requirement under the 5 years rule. I know about the test. We live together right now and have proof for the past three years. If she decides to help me is the paper work enough. Or will they sit us down together and interview? No. She is not a part of the US citizenship process under the 5 years rule.

So I do not have to be married to the same person or at all and in five years from original date, the divorce wont count against it? There is no marriage requirement under the 5 years rule.

Again with the 10 year, I could see out the remaining 7 years divorced when it comes to applying there won't be issues? No. You still need to wait another 2 years to file under the 5 years rule. Your marital status is irrelevant.

My obvious concerns are staying after a divorce, again my life is here, I'm a teacher, I have wonderful friends. This is where my home is now. USCIS does not care. None of this relevant for the citizenship process.

What would you do. I always like asking that question Divorce and file under the 5 years rule.


Just trying to get as much info as possible. What if we are still married and we are working on our relationship during the ceremony period?

As long as you can prove that you have an ongoing marriage.


Thank you this has been so helpful. I think the plan will be appy in 2018 (5years). Just so I'm ready for that, when that time comes and I apply, will they want to know about the divorce. Will they want evidence that my soon to be divorced marriage was bona fide. Basically will I need to save evidence?

It would be a smart idea to keep evidence of your marriage just in case you need it.

Edited by aaron2020

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×