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Paatay Khan

Divorce while naturalization application pending?

By Paatay Khan in US Citizenship General Discussion

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Paatay Khan Explorer

Paatay Khan   16

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Filed: Citizen (apr) Timeline
Posted

Hello there fellow VJers, 

 

I am going thru the process of filing for naturalization with the 3 year marriage rule but I am having difficulties with my marriage since my spouse has mental and psychological issues. So my question was if I send in my paperwork for naturalization thru marriage and in the meantime I file or my spouse files for divorce, how would that affect my application for naturalization? Would it delay the process or raise any red flags that I don't want, at the time of the interview. Please give your expert advice, thanks in advance. Or should I file for divorce and then file for naturalization? I have been a permanent resident since Dec 2013.

Lenchick Community Regular

Lenchick   133

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Filed: IR-1/CR-1 Visa (DCF) Timeline
Posted
20 minutes ago, Sam Mirza said:

Hello there fellow VJers, 

 

I am going thru the process of filing for naturalization with the 3 year marriage rule but I am having difficulties with my marriage since my spouse has mental and psychological issues. So my question was if I send in my paperwork for naturalization thru marriage and in the meantime I file or my spouse files for divorce, how would that affect my application for naturalization? Would it delay the process or raise any red flags that I don't want, at the time of the interview. Please give your expert advice, thanks in advance. Or should I file for divorce and then file for naturalization? I have been a permanent resident since Dec 2013.

It will definitely affect your naturalization. You need to be married to be eligible to apply on the base of three years. If you are going to get divorced then you need to wait and file for naturalization when you are a 5 year resident. 

Lenchick Community Regular

Lenchick   133

Posted
Filed: IR-1/CR-1 Visa (DCF) Timeline
Posted
40 minutes ago, Sam Mirza said:

Hello there fellow VJers, 

 

I am going thru the process of filing for naturalization with the 3 year marriage rule but I am having difficulties with my marriage since my spouse has mental and psychological issues. So my question was if I send in my paperwork for naturalization thru marriage and in the meantime I file or my spouse files for divorce, how would that affect my application for naturalization? Would it delay the process or raise any red flags that I don't want, at the time of the interview. Please give your expert advice, thanks in advance. Or should I file for divorce and then file for naturalization? I have been a permanent resident since Dec 2013.

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-31517/0-0-0-31522.html

 

in details there are requirements as for naturalization. 

candybabe Enthusiast

candybabe   46

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted

Applying at 3 years based on marriage to US citizen is a privilege - you will need to show that you are in a bona fide marriage. However, even if you wait and apply at 5 years, it is not guaranteed that the officer will not ask you questions about the entire timeline, even before you got your GC. Naturalization is their final gateway to confirm whether you obtained you GC legally so they can basically ask you anything.

 

  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

Paatay Khan Explorer

Paatay Khan   16

Posted
Filed: Citizen (apr) Timeline
  • Author
Posted (edited)

Okay thanks to all who replied! Another question, what if I file for divorce and wait another 10 months; that's when my 5-year timeline is up, would that be suspicious before Uscis when I then file for naturalization, the reason being is, I cannot take this agony of being with her anymore since it has given me immense stress in the past year or so. And I can't handle it anymore, I want to let go of her but on the other hand I don't want my naturalization to get jeopardized later when I have divorced her. 

Can she in anyway jeopardize my process of naturalization between or after divorce? What do you folks suggest that's in my best interest. Thanks

Edited by Sam Mirza
Starkilla09 Proficient

Starkilla09   366

Posted
Filed: Citizen (apr) Country: Cameroon
 Timeline
Posted
19 hours ago, Sam Mirza said:

Okay thanks to all who replied! Another question, what if I file for divorce and wait another 10 months; that's when my 5-year timeline is up, would that be suspicious before Uscis when I then file for naturalization, the reason being is, I cannot take this agony of being with her anymore since it has given me immense stress in the past year or so. And I can't handle it anymore, I want to let go of her but on the other hand I don't want my naturalization to get jeopardized later when I have divorced her. 

Can she in anyway jeopardize my process of naturalization between or after divorce? What do you folks suggest that's in my best interest. Thanks

You can divorce anytime if you’re in an unhealthy marriage and can’t take it no more. When you file on basis of 5 year residency, your eligibility is no longer tied to marriage, however; some officer’s won’t mind asking a few questions about your prior marriage though. This isn’t to use to prior marriage as a de facto determination to approve your N 400, but rather to make sure the marriage was entered in good faith and bona fide and not solely a means to procure a green card.

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

Paatay Khan Explorer

Paatay Khan   16

Posted
Filed: Citizen (apr) Timeline
  • Author
Posted
On 10/21/2017 at 8:57 AM, SteveG1003 said:

Try to save your relationship, and divorce if it's the only way out. Then wait and file under the 5 years rule.

I tried my best to put up with this but now I'm done away with it. I even wanted her to get mental therapy but she refused by claiming she's just fine. Now it's time to move on. My question is, if and when I file for divorce, how long will it take if both parties sign the paperwork and if she doesn't, then how do I go about it?

SteveG1003 Apprentice

SteveG1003   1

Posted
Timeline
Posted
54 minutes ago, Sam Mirza said:

I tried my best to put up with this but now I'm done away with it. I even wanted her to get mental therapy but she refused by claiming she's just fine. Now it's time to move on. My question is, if and when I file for divorce, how long will it take if both parties sign the paperwork and if she doesn't, then how do I go about it?

It's state specific. In California, 6 months if both party agree, and longer if there is disagreement on how to split the asset, children ...

 
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