Filing for citizenship after divorce

[Lulapomanu 0]

following situation:

My husbands and my marriage already had problems and my husband got into abusing drugs, the hard kinds. My husband and I recently went together on a vacation trip, which was for myself a last attempt to get back closer to each other. However, after we got back, my husband moved back into with his family, which forced me to find another smaller place to live for myself. Also the communication completely broke in.

No I already talked to a divorce lawyer and an immigration attorney. The divorce attorney of course would like to earn his supper and keeps telling me we need to file. My immigration attorney however says, if we file now and get divorce it would raise questions when applying for citizenship about authenticity of the marriage, especially because I just recently received my 10 year GC. The marriage has been entered in good faith, I could not have foreseen that my husband is going to get into drugs and drinking. I do have different medical paperwork and also police reports that show those kind of problems of my husband.

Is there any advise you can give on my situation and what to do? Am I going to have an issue once I apply for citizenship, can it be denied or just being made complicated? I do have proof that the marriage was entered in good faith, but I’m afraid that it is not sufficient enough for the immigration officer.

Please advise

[aleful 1,905]

hi

if you divorce then you cannot file for citizenship under the 3 year rule, you would have to wait until you have 5 years of residency, the date starts from when you got your 2 year GC where it said resident since

90 days before your 5 years of residency you can file for citizenship or whenever you want after 5 years

didn't the immigration lawyer tell you that?

you did not mention since when have you been a GC holder

you have the 10 year GC so he cannot do nothing against him, if it is that bad, then go ahead with the divorce

[Lulapomanu 0]

Thank you, thank you for the reply.

Yes it is bad, it has been very troubling, as he promised over and over to get help, but never did. He keps relapsing until I moved out. What's going on now, I don't know as we don't talk anymore.

I did have the 2 year GC, recently removed conditions and got the 10 year one. I know I won't be able to file for citizenship after the 3 year rule. My concern is just, that it might raise suspicion when filing for citizenship, even though I'm not at fault.

From your or anyone elses experience, is it going to be made difficult on purpose, due to the shortly following divorce after I received the 10 year GC? I'm just so afraid that he is going to cause a huge financial disaster and I end up paying for his debt due to his substance abuse.

Please someone let me know, I feel like either way is going to be difficult. But since we don't live together anymore it probably doesn't matter if he or I file for divorce, am I right?

Please let me know someone!

[Lulapomanu 0]

Any suggestions?

Please advise me!

[NexGen 8]

Any suggestions?

Please advise me!

There have been other VJ posters with similar situations. One woman was in a physically abusive relationship and another's husband was routinely having affairs. Both were concerned about leaving their spouses and how that would look to an IO. But honestly! If you know that you are in a bad relationship, and you or your kids could get hurt, then please get out. That said, you should document and maintain copies of everything. The co-mingling of your finances while you were together, your husband's relapses, your attempts to help him, your steps to continue the marriage if you wish to do so, etc. Every action taken could be important.

On a personal note, I am very sorry to hear about your husband's struggle with substance abuse. I will pray for him. My sister is 8 years sober and my boyfriend is 5 years sober. It is very hard to watch. If it gets too difficult to handle, please reach out to an Al-Anon Group in your area. It is a support group for relatives of alcoholics/drug abusers. It helped me when I needed to unload to people who understood what I was going through living with an alcoholic. I wish you all the best and you are both in prayers this evening.

Edited September 30, 2015 by NexGen