Married to a permanent resident but got divorce, what happen to my immigrant status, and will I have difficult time when applying Naturalization?

[jimmyborn 0]

Hi,

 

I got married with a permanent resident and I applied green card based on marriage to a permanent resident. I already filed i751 to remove condition and got permanent resident last year, but later I got divorce on December 2016. I have read that divorce shouldn't affect permanent resident status and chance to become a US citizen based on 5 year rule on people who are married to a US citizen when the marriage was bona fide to begin with. Is it same thing with people who are married to a permanent resident? Will I have difficult time when applying citizenship based on 5 year rule? My marriage was bona fide to begin with. Do I need to notify USCIS about the divorce now? 

 

Thank you

Edited July 20, 2017 by jimmyborn

[Coco8 1,054]

Yes, it is the same. You don't need to notify USCIS of the divorce.

[Going through 5,674]

It shouldn't affect it, but the adjudicator will most likely just want to know the reasons for divorce less than a year after receiving permanent residency, even when applying under the 5-year rule.  It is within their rights to ask.

 

Other than that, no you shouldn't have any problems.

[jimmyborn 0]

So I shouldn't have any problem with naturalization if I have a reason for divorce and keep all those joint documents? Will it be changed and gets harder under new president rule in nearly future?

[Going through 5,674]

14 minutes ago, jimmyborn said:

So I shouldn't have any problem with naturalization if I have a reason for divorce and keep all those joint documents? Will it be changed and gets harder under new president rule in nearly future?

No one can answer that question for 100% sure.  Your chances of "problems" depends on the documentation you submit proving your case, your country of origin (for some it can be easier than others based on where they came from---sad but true) as well as your background check clearing, as well as anything in your past that may be cause for concern in the eyes of an immigration officer, and on the interviewers' own subjectiveness and opinion on everything you present during your interview.

 

Also depends on the sun, the moon, the stars coming into alignment....

[luv2teach77 41]

On 7/20/2017 at 3:26 PM, jimmyborn said:

Hi,

 

I got married with a permanent resident and I applied green card based on marriage to a permanent resident. I already filed i751 to remove condition and got permanent resident last year, but later I got divorce on December 2016. I have read that divorce shouldn't affect permanent resident status and chance to become a US citizen based on 5 year rule on people who are married to a US citizen when the marriage was bona fide to begin with. Is it same thing with people who are married to a permanent resident? Will I have difficult time when applying citizenship based on 5 year rule? My marriage was bona fide to begin with. Do I need to notify USCIS about the divorce now? 

 

Thank you

Can you apply for Naturalization based on marriage to a permanent resident ?  I thought marriage based naturalization required marriage to a US Citizen ?

[aayitrun 66]

you can only use the 5 year rule.

 

i recommend keeping your joint records to prove bonafide-ness of marriage and divorce documents as well. most likely you wont need them, but if you do, never hurts to have them.

[Going through 5,674]

Just now, luv2teach77 said:

Can you apply for Naturalization based on marriage to a permanent resident ?  I thought marriage based naturalization required marriage to a US Citizen ?

The OP seemed to use the words US Citizen and Resident interchangeably a few times in the first post, I think maybe they were typing their question out fast?

 

I think.  Now I'm reading the OP over and over again...

 

Yeah....you can't apply for Naturalization based on marriage to another greencard holder.  So to answer your question in part, you do not need to notify USCIS about your divorce until  renewing your greencard another 10 years down the road.

[jimmyborn 0]

Other than those factors, I shouldn't have issue because of the divorce?

[Going through 5,674]

6 minutes ago, jimmyborn said:

Other than those factors, I shouldn't have issue because of the divorce?

Just to clarify...your ex-spouse is a US Citizen, or a US Permanent Resident?

[jimmyborn 0]

My ex-spouse is a US Permanent Resident, but my ex-spouse might be turn into a US Citizen this year.

Is that matter? 

[Going through 5,674]

1 hour ago, jimmyborn said:

My ex-spouse is a US Permanent Resident, but my ex-spouse might be turn into a US Citizen this year.

Is that matter? 

Since you are divorced, you cannot become Naturalized through marriage (or previous marriage) under the 3 year rule.

Whether he becomes a US citizen himself or not, is irrelevant to any application you submit in the future as you are no longer married.

You can apply for Naturalization under the 5 year rule, and you will be asked for documentation showing that when you received your green card, you were in a bonafide marriage.  Even though your application will not be marriage-based, the interviewer will most likely ask you questions surrounding why you got divorced soon after obtaining your permanent resident status, as it is within their right to do so.