citizenship or divorce first?

[biter 0]

Hello there!

I need some advice..: what should i do first

My husband told me that if were getting a divorce i should apply

for u.s citizenship (k-1 fiance visa and i have 10 years greencard)

Is he right? should i apply for citizenship before divorce?

Thanks!

[milimelo 4,226]

Hello there!

I need some advice..: what should i do first

My husband told me that if were getting a divorce i should apply

for u.s citizenship (k-1 fiance visa and i have 10 years greencard)

Is he right? should i apply for citizenship before divorce?

Thanks!

Citizenship based on marriage to USC is 3 years of being PR, 3+ years of marriage, 3 months of residency in USCIS district.

If you're divorced, you can only naturalize after spending 5 years as a PR (90 days before 5th anniversary of your LPR status).

Weigh your options and decide if you're getting divorced or not.

Forgot to add: read the M-476 manual for naturalization.

Edited April 23, 2010 by milimelo

[thongd4me 69]

Hello there!

I need some advice..: what should i do first

My husband told me that if were getting a divorce i should apply

for u.s citizenship (k-1 fiance visa and i have 10 years greencard)

Is he right? should i apply for citizenship before divorce?

Thanks!

No, not unless he is merely overcompensating in the sympathy department,

or that you have stated it is your goal and he is willing to wait until that is

done before going ahead with the divorce.

My Japanese ex wife had a 10-yr green card and will have no problems with that

as long as she renews it in a timely manner. She has no plans to get US citizenship,

but has raised the possibility from time to time in only a casual way. If she decided

to do that, I would have absolutely NO role in helping or hindering it.

[thongd4me 69]

Hello there!

I need some advice..: what should i do first

My husband told me that if were getting a divorce i should apply

for u.s citizenship (k-1 fiance visa and i have 10 years greencard)

Is he right? should i apply for citizenship before divorce?

Thanks!

The previous poster's answer was better; my answer was based on the fact that

my ex had already renewed her 10 year GC when we did the divorce.

You do have to wait for 5 years' residency if it is below.

Filling in your timeline would be helpful in answering this.

[Brother Hesekiel 2,235]

If your marriage is about to fall apart, you cannot use it for naturalization purposes as that would be misrepresentation which will make you deportable.

Wait until you have been a Green Card holder for 5 years and you will have no problems.

[DanielParul 50]

If your marriage is about to fall apart, you cannot use it for naturalization purposes as that would be misrepresentation which will make you deportable.

Wait until you have been a Green Card holder for 5 years and you will have no problems.

Agree

[biter 0]

Thanks for the reply...

My marriage is fallin apart.. and i've been here for 5 years and i have

greencard.

So its better to wait till my divorce is final..?and apply for citizenship?

[biter 0]

Thanks for the reply...

My marriage is fallin apart.. and i've been here for 5 years and i have

greencard.

So its better to wait till my divorce is final..?and apply for citizenship?

Note: its not my goal to be a u.s citizen because im not sure if want

to do it. his wanting me to apply for citizenship so we can get a divorce.

i dont know what he is thinking... thanks!

[Audy_Rob 26]

It would be a more honest representation of the actual state of affairs. It would perhaps be the honest approach.

[coraliesolms 47]

If you have been an LPR for 5 years you can get ur citizenship with or without being divorced, it doesnt matter. It also doesnt matter if you want to be a citizen or not. If you renew your greencard before it expires, you can remain an LPR..you cant get "deported" for getting divorced after u have a 10yr gc.

[milimelo 4,226]

I think he wants her to become a citizen so he can be off the hook for I-864 (which stops when she becomes a citizen). Now if she doesn't want to become a citizen, he'll have to prove she has 40 quarters of work (or approx. 10 years) and then he'll be off the hook.

[aleful 1,905]

I think he wants her to become a citizen so he can be off the hook for I-864 (which stops when she becomes a citizen). Now if she doesn't want to become a citizen, he'll have to prove she has 40 quarters of work (or approx. 10 years) and then he'll be off the hook.

ditto, I don't think he is thinking in her own interest but in his. He'll be off the hook if she becomes a USC

[Traci - Andrew 14]

Hi Biter

I concur with the last couple of posters who have hit the nail on the head.

He does not want you to stay on the Green Card for the remainder of the 10 years as he would be financially responsible for you as you are unable to seek social security for 10 years or 40 quarters of work life.. So his interest in getting you your US Citizenship is purely selfish on his part, as it will free him from being bound to the Immigration form that he signed to say that he will support you for 10 years.

In fact if you did not become a USC he would have to pay you to live and support you for the next 5 years, if he failed to do so you could end up suing him for the support payments in court.

The decision that you make has got to be yours based on your circumstances.. I hope you make the right one.

Wishing you all the best

Andrew

[Brother Hesekiel 2,235]

I missed that detail before.

You have been a Green Card holder (not only married!) for 5 years or longer?

Then you can become a citizen anytime, now, next month, before your divorce, during your divorce, or after your divorce. The divorce has no bearing on your citizenship process.

You don't really want to become a US citizen? No problem, you don't have to.

What other posters have said it correct, but it's a wrong assumption in practice: your husband *might* want you to become a citizen now, as he is financially responsible for you should you become a public charge until you have accumulated 40 units of Social Security payments (usually 10 years), become a US citizen, die, or lose your status and move away from the US.

The thing is, during the divorce the financial responsibility will be made an issue anyway, USC or LPR.

If you work now, you won't become a public charge, and if you don't work, your husband will have to pay spousal support, so you won't become a public charge either.

All that said, if you are from a country that allows dual citizenship, and your husband wants you to become a USC and is willing to pay for it, I don't see a good reason why you would not want to become one NOW.

[BinhJerome 14]

I agree with the last few posts, he is wanting you to become a USC so that he does not have to support you. I might be wrong about this, but not many people are so "accomidating" when it comes to a divorce, there are some that remain friends and very cordial through out the entire divorce, while most this is not the case. The choice is yours on what you choose to do, if I were in your shoes I would wait and not get teh USC, this is just a security blanket incase something were to happen to you where you could not work, or even go back home if that is what you choose to do. If the problems for divorce were mainly on your part, and not mutual problems then I would let the guy off the hook just to be a good person, but what ever it is that you choose to do, remember this, if you do not look after yourself, no one will. I would contact a immigration lawyer and tell him what is going on, and voice any concerns you have with him, he can better fill you in on what your options are, and even steer you on the right path. There are many reasons that he might be offering you the USC that we do not know about, maybe he wants released from supporting you, maybe he just wants to make sure that you are a USC before the divorce goes through because he is a great guy and wants to make sure you are happy, we truly do not know and can only make suggestions based on our personal experiences, and as in opinions everyone has them, and they are not always the same. Good luck in what ever you decide, just remember look out for yourself, dont get caught up in the moment and think about your future. Jerome