how to apply for US citizenship

[yousseff 3]

Hi, i got married to my wife and she is a citizen. After marriage, i received 10 years green card for 2 years now . but now im filing for a divorce because of a lot of problemes

Can i apply for citizenship? or i have to wait more?

If i can apply now.. do you know which forms i'll require to fill out?

What are the requirements to take the USA naturalization/citizenship test
thank you for your help

[Smiley-one 13]

Its 3 years based on Marriage to a US citizen and 5 years otherwise. If you are divorcing you will have to wait the 5 years from the date you became a LPR. Look on your greencard and it will say resident since date. You will have to apply within 90 days of the 5 years..

[yousseff 3]

• what will happend if i did not apply within 90 days

[belinda63 3,039]

You won't become a US citizen until you apply and are approved. You never have to become a US citizen if you don't want to.

[Sirdaniel42 86]

• what will happend if i did not apply within 90 days

Nothing, if you divorce you can start applying 90days before your 5years are up or any other time after that.

[Ian H. 207]

It looks like, based on what you said, that you have had your 10 year GC for 2 years now. That means you have been an LPR for at least 4 years, correct? If so, and you are still living with your wife, you can apply for citizenship based on 3 years and not 5.

You have to meet the 3 year requirements when you apply for citizenship. You can file for divorce after you file the N-400 and it is accepted by USCIS. Divorce proceedings take a long time even when it's amicable. So as long as your divorce isn't final before you take the oath of allegiance, you would be able to become a USC.

You only have to be living with your wife at the time of filing, not during the process, but the marriage must still be valid.

If not an option for you, you can always apply for citizenship after 5 years. Remember that your time as a conditional resident counts.

Here is a link that explains it.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

Edited August 4, 2014 by Ian H.

[aleful 1,905]

It looks like, based on what you said, that you have had your 10 year GC for 2 years now. That means you have been an LPR for at least 4 years, correct? If so, and you are still living with your wife, you can apply for citizenship based on 3 years and not 5.

You only have to meet the 3 year requirements when you apply for citizenship. Therefore, if you want to become a USC based on 3 years, you can file for citizenship now, and then file for divorce. You do not have to be married to become a USC based on the 3 year requirement as long as your divorce is after the application is filed and accepted by USCIS.

As long as you meet all the requirements prior to filing your application, it won't matter if you file for divorce. If not an option for you, you can always apply for citizenship after 5 years. Remember that your time as a conditional resident counts.

hi

incorrect, you have to be married all the way he cannot file for divorce until he gets his Naturalization certificate at the Oath Ceremony. he must prove that he is married to his wife and a lot of bona fide evidence. as others have said, if he files for divorce, citizenship will be denied

the privilege for the 3 year rule is to be married to the USC petitioner and show proof of bona fide marriage just like the first time.

he needs to file on 5 years of GC if he wants citizenship

[Ian H. 207]

Sorry, I realized the error after I hit submit and was just fixing it as you were writing this. I added a link for the OP and it looks like it doesn't matter if he files for divorce, as long as it's not before he files the N400 and it doesn't become final before he takes the oath of allegiance.

Also as to the bona fides, he already has a 10 yr GC, so there is no bona fide to prove at this point. He just has to prove that he's been living with his USC spouse for 3 years, and that's good enough to prove with 3 joint tax returns.

http://www.uscis.gov/sites/default/files/files/article/attachments.pdf

hi

incorrect, you have to be married all the way he cannot file for divorce until he gets his Naturalization certificate at the Oath Ceremony. he must prove that he is married to his wife and a lot of bona fide evidence. as others have said, if he files for divorce, citizenship will be denied

the privilege for the 3 year rule is to be married to the USC petitioner and show proof of bona fide marriage just like the first time.

he needs to file on 5 years of GC if he wants citizenship

[KayDeeCee 4,893]

Sorry, I realized the error after I hit submit and was just fixing it as you were writing this. I added a link for the OP and it looks like it doesn't matter if he files for divorce, as long as it's not before he files the N400 and it doesn't become final before he takes the oath of allegiance.

Also as to the bona fides, he already has a 10 yr GC, so there is no bona fide to prove at this point. He just has to prove that he's been living with his USC spouse for 3 years, and that's good enough to prove with 3 joint tax returns.

http://www.uscis.gov/sites/default/files/files/article/attachments.pdf

OP stated he is filing for divorce. He has not yet filed for naturalization. Therefore, he filed for divorce before filing the N-400. He needs to wait and apply after he has been an LPR for 5 years. I also would not suggest staying in a marriage just to gain US citizenship.

~ Moved from IR-1/CR-1 Process to US Citizenship General Discussion ~

[dioxide45 25]

I think in these cases it is just less stressful to wait for the 5-year LPR filing. They can't take away your LPR because you are getting a divorce, so it is just a waiting game. In fact, waiting holds the petitioner spouses feet to the fire longer since they filed an Affidavit of Support for you. They have to continue to support you even if you divorce. Once you become a citizen that AOS is no longer valid.

[Ian H. 207]

It doesn't matter if he filed for divorce, as long as he's still living with his USC spouse. It doesn't sound like he has already filed for divorce, he said he is filing for divorce(ie present tense) meaning that the OP didn't specify if he already did so or will do.

If he already moved out, then no, he wouldn't qualify under the 3 year rule, filing for divorce alone doesn't affect that. If the divorce isn't final before the oath, then he can become a USC based on the 3 year rule.

Also, applying for USC based on the marriage to a USC, is nowhere near the same thing as getting your GC based on a marriage to a USC and I am in no way suggesting that he violate any law.

The OP would have to make the officer aware of his pending divorce, that doesn't mean his application can be denied if he has met and will meet the requirements by the time of filing, up to the oath.

[Ian H. 207]

Filing with the 5 years would be less stressful so as not to have a pending divorce and a pending n400 at the same time. So it's up to you, the OP, to decide what you think is best.

[KayDeeCee 4,893]

It doesn't matter if he filed for divorce, as long as he's still living with his USC spouse. It doesn't sound like he has already filed for divorce, he said he is filing for divorce(ie present tense) meaning that the OP didn't specify if he already did so or will do.

If he already moved out, then no, he wouldn't qualify under the 3 year rule, filing for divorce alone doesn't affect that. If the divorce isn't final before the oath, then he can become a USC based on the 3 year rule.

Also, applying for USC based on the marriage to a USC, is nowhere near the same thing as getting your GC based on a marriage to a USC and I am in no way suggesting that he violate any law.

The OP would have to make the officer aware of his pending divorce, that doesn't mean his application can be denied if he has met and will meet the requirements by the time of filing, up to the oath.

Yes, present tense. Filing for divorce now, before applying for naturalization. You must reside with your spouse for the entire 3 years of permanent residency. Physical separation or divorce makes you ineligible to naturalize under section 319(a) of the INA. You are suggesting that even though he filed/files for divorce, that he continue to reside with his spouse until he takes his oath so he can get the citizenship faster, based on a marriage that is no longer working/active/ongoing.

I do not know too many people(on second thought, I personally have not known any) that continue to live with their soon-to-be ex-spouses after filing and having a pending divorce on hand.

Also, sometimes it does not take long for a divorce to be granted, especially if there is no arguing about financials or child custody.

Edited August 4, 2014 by KayDeeCee

[Ian H. 207]

B. Living in Marital Union for Spouses Residing in the United States

The spouse of a U.S. citizen residing in the United States must have been living in marital union with his or her citizen spouse for at least three years immediately preceding the time of filing the naturalization application. This provision requires that the spouse live in marital union with the citizen spouse during the entire period of three years before filing.

However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been married with his or her citizen spouse for at least three years at the time of the examination on the application, and not at the time of filing.

USCIS follows the language of the statute in requiring marital union only up until the time of filing.^[4] Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicant’s naturalization.^[5]

As long as he already has 3 years living and married with his wife at the time of filing, it doesn't matter if he filed for divorce. As long as the divorce isn't final before the oath. He doesn't have to live with her after he files for divorce, because he had to meet the requirements prior to filing. If he hasn't filed for divorce yet, he doesn't have to stay living with her in order to qualify and file for divorce afterwards. Divorces even when amicable take at least 6 months in many places. He can ask his divorce lawyer the minimum time the divorce would take. He can then decide whether to pursue the n400 now.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

[KayDeeCee 4,893]

The OP stated he was granted a green card for 2 years now and the marriage is not working out so he is filing for divorce. If they have not separated yet, or actually filed for divorce, you seem to be suggesting that he hold off on it fo a year, continue to reside with his spouse, then file for naturalization based on residing/remaining in their marital union for 3 years. After that, he should then stop living with her, all for the sake of being able to file faster.

There are states where it does not take 6 months to divorce. For instance, a simplified dissolution of marriage in FL can take less than a month; attorney not even required.