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Filed: Timeline
Posted (edited)

My husband and I married on 07/01/2010. We followed all legal procedures in order to obtain my green card ( as a legal permanent resident), which I received in March 2014. Shortly after, around June 2014, we separated due to immense fighting, distrust, him cheating, and even physical abuse. He finally filed for the divorce in August 2015 (in the state of Maryland, you have to be separated for at least 1 year before filing for divorce). I am now currently 10 weeks pregnant with my new boyfriend of a few months but have some concerns:

1. Will this divorce have any affect on my application of US citizenship?

2. When will I be still be eligible to apply for US citizenship?

3. We've been married for 5 years before he filed for the divorce, but we were separated for that 1 year, does that affect anything?

4. Does my pregnancy affect my application for US citizenship?

5. When the divorce is finalized, will USCIS inquire about renewing my greencard with my maiden name?

Thank you in advance for any advice!!

Edited by KSOLANO
Filed: Country: Vietnam (no flag)
Timeline
Posted

My husband and I married on 07/01/2010. We followed all legal procedures in order to obtain my green card ( as a legal permanent resident), which I received in March 2014. Shortly after, around June 2014, we separated due to immense fighting, distrust, him cheating, and even physical abuse. He finally filed for the divorce in August 2015 (in the state of Maryland, you have to be separated for at least 1 year before filing for divorce). I am now currently 10 weeks pregnant with my new boyfriend of a few months but have some concerns:

1. Will this divorce have any affect on my application of US citizenship? None if you apply under the 5 years rule.

2. When will I be still be eligible to apply for US citizenship? Yes.

3. We've been married for 5 years before he filed for the divorce, but we were separated for that 1 year, does that affect anything? No.

4. Does my pregnancy affect my application for US citizenship? No.

5. When the divorce is finalized, will USCIS inquire about renewing my greencard with my maiden name? No. USCIS will not even know that you got divorced. State courts do not report divorces to USCIS.

Thank you in advance for any advice!!

Do you understand that you are nowhere close to applying for US citizenship, right?

You got your green card in March 2014. You can apply under the 5 years rule in 2019. If you marry another US citizen, you would still need to wait the full 3 years under the 3 years rule to apply, so it's still 2019 at the earliest.

Filed: Timeline
Posted

Do you understand that you are nowhere close to applying for US citizenship, right?

You got your green card in March 2014. You can apply under the 5 years rule in 2019. If you marry another US citizen, you would still need to wait the full 3 years under the 3 years rule to apply, so it's still 2019 at the earliest.

Ok, I understand I wouldn't be able to apply for my citizenship until 2019. So another question, if USCIS does not receive report of my divorce, wouldn't they find out once I renew my green card under my maiden name? I have no desire to keep my married name once the divorce is finalized, so I would have to renew my green card with my maiden name, correct? So with that, would they question my divorce then?

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

Ok, I understand I wouldn't be able to apply for my citizenship until 2019. So another question, if USCIS does not receive report of my divorce, wouldn't they find out once I renew my green card under my maiden name? Of course, USCIS will find out about your divorce when you request a new green card with your maiden name. You would have to supply a divorce decree showing that you had your maiden name restored. That's how USCIS finds out about your divorce. You telling USCIS. I have no desire to keep my married name once the divorce is finalized, so I would have to renew my green card with my maiden name, correct? Yes. So with that, would they question my divorce then? No.

Stop overthinking this. You had a 4 years marriage. Yes, it looks bad that you separated and divorce quickly after getting your green card. However, you have a 10 years green card. When you naturalize under the 5 years rule, you shouldn't have any problems. Anyway, there is nothing you can do to change anything about your past marriage and divorce. It is what it is.

Edited by aaron2020
Filed: Timeline
Posted

Stop overthinking this. You had a 4 years marriage. Yes, it looks bad that you separated and divorce quickly after getting your green card. However, you have a 10 years green card. When you naturalize under the 5 years rule, you shouldn't have any problems. Anyway, there is nothing you can do to change anything about your past marriage and divorce. It is what it is.

THANK YOU VERY MUCH for your help. I truly appreciate it. God bless :)

 
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