Marriage based citizenship after divorce...urgent question!

[mandixon 9]

Hi all,

This is a question on behalf a friend of mine. He has been married to a US citizen for over three years but way less than 5 years. Both of them are from the same county. He has been an LPR for over 3 years. They have kids and there are no red flags in his file. Unfortunately, divorce is gonna happen because of a bunch of reasons...

Can he still apply according to the 3 year rule if divorce takes place or should he wait until 5 years pass?

Thanks!

[jaycali 415]

He cannot apply for citizenship after 3 years if he is divorced.

The 5 year rule applies.

Edited November 7, 2013 by jaycali

[karin_brenig 18]

there are two options here:

a) postpone the divorce until the naturalization process has been finalized

or b) if he is in a hurry with that divorce, naturalization will have to wait until the 5 years are up

[mandixon 9]

Thanks guys! I appreciate your feedback...