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bonitasummer

Got green card through marriage but now divorced. Am I eligible for Citizenship application?

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Hi,

I got my permanent green card but now my husband wants a divorce, which means I won't be able to file citizenship once my GC reaches 3 years anniversary. I check USCIS website and it seems to me I can still can apply for citizenship when my GC reaches 5 years. Is it true?

Also, because I was divorced, do I need to provide any document to show that I lived with my ex-spouse, join-tax return, etc? What kind of document required?

Hope there are answers to my questions.

Many thanks for your help!

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1- If you have a conditional (2 year green card) you will have to go through the removal of conditions process first to get a 10 year green card. You can do this as the spouse of a US citizen or you can file for a waiver and file for removal of conditions after divorce.

2- If you already have your 10 year green card, you will be eligible to apply for citizenship 5 years after you became a permanent resident (after you got your first green card). You can actually apply 90 days before this date if you meet all other conditions.

3- You will need to have documents related to your marriage ready (marriage and divorce certificates), but generally speaking, you don't need to prove that you lived with your ex-spouse because you won't be applying based on marriage. However, USCIS can also investigate if you got your green card legitimately, and so they can ask you anything they want about your marriage. You won't need to send in any of this proof with your application, but there's a chance that they will ask for it at the interview. Most people in your situation are not asked much about their marriage at the interview.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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