Getting a divorce before becoming a citizen questions

[axmg 0]

Hi everyone,

I got married to a US citizen and got my 2-year green card on May 29, 2014. I filed and got biometrics to remove the conditions and to get my 10-year green card on April 3, 2016. A week ago my husband told me that he wants a divorce. So here is my problem: I have not received my 10-year green card yet and USCIS told me that I would receive it in February or March 2017. I told my husband that he could have the house and all assets (all under both of our names) if he waits until I become a citizen in May 2017 but he disagreed. He talked to his divorce lawyer and they are drafting an MSA and post-nuptial agreement so that the assets division agreement and all the divorce papers will be signed now but won't be filed until the end of February 2017. He wants to have an uncontested divorce which will probably take only 90 days until the divorce is finalized. I'm just afraid if they file the divorce where all the agreements and everything have been signed then it will only take 90 days for the divorce to be finalized. I'm afraid the divorce will be finalized before I could become a citizen on May 29, 2017.

I have some questions want to ask everyone since I just lost my job and can't afford a lawyer.

1) Does he have to sign the naturalization application for/with me and be physically present at the interview for me to become a citizen?

2) If the divorce is finalized before I become a citizen in May, can I reapply in 2 years to become a citizen? What do I need to do if I can't become a citizen in May 2017 but still want to become one?

3) This may not be related to immigration, but i took a big student loan for my grad school after we got married. If we have a contested divorce, does he have to be responsible for half of my student loan?

I feel like if I receive my 10-year green card in February/March and don't need him to sign the naturalization application and be at the interview and could reapply in 2 years without any conditions, then I should not let him have all the assets and all.

Please help.

Thanks!

[sia82 10]

just stay on a green card. I know people who have been living here for 20+ year on a green card and they never asked for naturalization, i don't understand why some people are so obsessed with that. you can apply after 2 more years, anyway, if that's important to you.

you should hire a lawyer for your divorce questions (assets/school debts)

[aleful 1,905]

hi

forget about citizenship, you need to concentrate on getting the 10 year GC first

you can't apply for citizenship anyway because you are getting divorced, you don't qualify for the 3 year rule

[B and H 18]

If you lost your job, check out what legal aid services are available in your area. You might get some free help for your divorce. Good luck.

[Ontarkie 13,969]

Do not sign anything without a consult with your own lawyer not his.

You cannot do the 3 yr rule you must be in a viable marriage not one in the process of divorce.

[Penguin_ie 5,987]

As others said, concentrate on getting ROC done first; you may need a divorce waiver for that.

You won;t qualify for 3 year citizenship as you need to live in marital union with your USC spouse, so even if the divorce is still ongoing, you cannot file. Wait the 5 years and no problem then.

[Pinkrlion 2,612]

That is considered blackmail/coercion, to state if you do this then you get that. Especially if you put it in writing, that is hard evidence of use of threats to gain citizenship. He can file divorce at anytime, he does not need your cooperation, that is what lawyers are for. Get your divorce file a divorce waiver, wait the 5 year period for citizenship, and move on with your life.

[Pinkrlion 2,612]

Also, Student loans are not considered marital debt. You are responsible for your own loans unless you received through a private lender and husband co-signed for the loans.

[Vu&Nhung 2]

hmm don't try to take his assets if you had nothing when you came to America. Maybe that's why he wants a divorce before he can't turn things around.