Help with divorce and USCIS

[JohnGurtler 0]

Hey everyone,

 

I'd like to start by thanking all of you for your amazing help, my wife (soon to be ex-wife) and I followed a thousand guides in here and managed to get married back in 2012 with a I-129F visa if I recall correctly. We have been married for almost 5 years and sadly things have started to not work out, we have gone to therapy and a psychologist, but results are still the same. The reason we are divorcing is mostly due to lack of communication and misunderstandings. We were best friends for about 3 years before getting married, and we still are great friends, but our personalities clash a lot causing many dumb tiny fights due to misunderstandings. She has grown tired of it and is not willing to put any more effort into our relationship. She landed a job in another state and has already moved out, I have been living alone for about a month now, we already split our assets between ourselves and everything is fine, the only thing missing is to actually file the paperwork for a divorce. She also met a guy that lives in Australia or some other continent who will be coming to spend her birthday, his birthday, ( and our wedding anniversary) with her, all of this falls within a week. I am a permanent resident who could have filed for citizenship back in august 2016, however due to having a very busy schedule I haven't. I still need to file for citizenship and plan on doing it soon. My wife however says that we should delay the divorce until I get the citizenship to avoid making extra unnecessary changes to the citizenship petition. I am however worried about that idea, what should I do?

Edited August 16, 2017 by JohnGurtler

[Lane O 39]

If you are living here for almost five years, you will file your citizenship based on residency. Divorce or not it doesn't matter since you are not filling by 3 years of marriage to USC. 

 

I'm divorced when I filed my citizenship and never had any problem. 

 

[JohnGurtler 0]

5 minutes ago, Lane O said:

If you are living here for almost five years, you will file your citizenship based on residency. Divorce or not it doesn't matter since you are not filling by 3 years of marriage to USC. 

 

I'm divorced when I filed my citizenship and never had any problem. 

 

Alright, thanks for the quick reply!

[vegasbound 83]

You can file for citizenship under the 5-year rule. Under this rule, you are no longer required to be married to a US citizen but applying solely based on meeting the permanent residency requirement. 

 

Just make sure that you use the early filing calculator to determine when is the earliest you can file: https://www.uscis.gov/sites/default/files/dateCalculator.html

Edited August 16, 2017 by vegasbound

[JFH 12,195]

*~*~*moved from "K-1 fiancé visa process and procedures" to "US citizenship discussion"*~*~*