To File or Not to File

[danengland 0]

Hi everyone,

I have been married to my wife for nearly 5 years, and have had my green card for just over 3 years. I am eligible to apply for citizenship at this point, but we are getting divorced.

If we get divorced before 5 years (in CA at least), it's a lot cheaper. This means we need to file before May. My question is whether I should file for citizenship before that. If it takes a few months to get the interview, then we will be mid divorce by then, so would the case get thrown out? Or is it a case of 'as long as you are married when you file, then you're good'?

I don't really want to waste all that money if I can help it!

Thanks,

Dan

[aleful 1,905]

Hi everyone,

I have been married to my wife for nearly 5 years, and have had my green card for just over 3 years. I am eligible to apply for citizenship at this point, but we are getting divorced.

If we get divorced before 5 years (in CA at least), it's a lot cheaper. This means we need to file before May. My question is whether I should file for citizenship before that. If it takes a few months to get the interview, then we will be mid divorce by then, so would the case get thrown out? Or is it a case of 'as long as you are married when you file, then you're good'?

I don't really want to waste all that money if I can help it!

Thanks,

Dan

if you are getting a divorce now, then you can't file until you have been a LPR for 5 years. You have to be married all the way, until you get your Naturalization Certificate at the Oath Ceremony. After that you can divorce.

[Sand 5]

Hi, If u going thru Divorce. then u go with 5 Year rule.

[Szilvia74 3]

If you file in the bases of marriage (3 year rule) you will have questions asked at the interview about your existing marriage. So yes if you are divorcing or have divorced that will not work. Wait 2 more years.

[danengland 0]

Ok, will do. Thanks for the advice