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kaiotes123

US Citizenship after divorce

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I received my permanent resident card via an US Citizen

I divorced the US citizen after receiving my permanent resident card. Will it be an issue for me to apply for citizenship at the 5 yr mark?

 

 

Thanks

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Provided you didn't commit immigration fraud to obtain your green card, no.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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2 hours ago, kaiotes123 said:

I received my permanent resident card via an US Citizen

I divorced the US citizen after receiving my permanent resident card. Will it be an issue for me to apply for citizenship at the 5 yr mark?

 

 

Thanks

Where are you immigration wise and in divorce proceedings ? Have you filed I-751 and received the 10 year green card? Have you received the final divorce decree?

 

Generally, if you have filed the I-751 and got approved, you can natutalize at the 5 year mark. Your marriage won’t come up again if you don’t apply under the 3 year rule

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Posted (edited)
42 minutes ago, USS_Voyager said:

Generally, if you have filed the I-751 and got approved, you can natutalize at the 5 year mark

They can file for naturalisation whether the I-751 has been approved or is still pending.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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8 hours ago, kaiotes123 said:

I received my permanent resident card via an US Citizen

I divorced the US citizen after receiving my permanent resident card. Will it be an issue for me to apply for citizenship at the 5 yr mark?

 

 

Thanks

Generally it isn’t a problem when your apply for naturalization after 5 years of your being a lawful permanent resident, however; the immigration officer can still pry and ask details about your initial marriage you got your residency from. This is just to make sure the green marriage was bona fide and not merely used to procure a green card though.


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

9/8/2014: Went in for biometrics.

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.

 

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: Interview completed and APPROVED!

 

 

 

 

 

 

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So what if we're in the process of submitting the i751. Should we wait til I get the physical perm GC to legally finalize divorce or can we end it after shortly after sending the paperwork? The i751 is taking about a year per the ucsic site.

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19 minutes ago, kaiotes123 said:

So what if we're in the process of submitting the i751. Should we wait til I get the physical perm GC to legally finalize divorce or can we end it after shortly after sending the paperwork? The i751 is taking about a year per the ucsic site.

If you're still legally married to your spouse you can file a joint I-751 petition. If at any moment before the I-751 is adjudicated by USCIS and you divorce your spouse, you must notify USCIS so that your joint I-751 petition should be amended to a waiver petition. At that point USCIS will send you a RFE (request of evidence) for you divorce decree which you will have to submit within 87 days. If you don't notify them and your petition is approved as a joint one meanwhile you were legally divorced your green card will be considered to be procured illegitimately. Your naturalization application will be denied when they find out through your divorce decree submitted at that point, since green card was wrongly issued and your whole immigration status will be in jeopardy. You can successfully waive the joint requirement and remove conditions on you own through divorce provided you have strong bona fide documentation as usual to show your marriage wasn't a sham 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

9/8/2014: Went in for biometrics.

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.

 

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: Interview completed and APPROVED!

 

 

 

 

 

 

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So it will definitely three years after I get the perm GC. Then if I were to apply for citizenship but before that process is finalized and legally divorced I'd have to file amendment and submit additional paperwork/documentation?

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17 minutes ago, kaiotes123 said:

So it will definitely three years after I get the perm GC. Then if I were to apply for citizenship but before that process is finalized and legally divorced I'd have to file amendment and submit additional paperwork/documentation?

Your question is a little confusing but to clear the water let me list your naturalization pathway for you:

First and foremost you must successfully lift your I-751 conditions either through a joint or divorce waiver petition before you can successfully naturalize or even think of naturalizing that's the law. If you lift through a joint petition and are still married to and living with your U.S. citizen spouse, then you qualify to apply for naturalization on your 3rd year anniversary (though you can apply as early as 90 days) of being a lawful permanent resident as of the "resident since" date inscribed on your original 2 year conditional green card.

 

If successfully lift conditions as a joint I-751 petition then divorce later you no longer qualify to file under 3 year rule and must wait 5 years to apply like everyone else. The 3 year rule is for spouses of U.S. citizens who are still married to and living in marital union with their spouses as of the time of application and adjudication of the naturalization application transitional phase. The 5 year rule will also apply to you if you lift your I-751 conditions using a divorce waiver petition as well. As usual you can apply as early as 90 days prior to your 5th anniversary of being a lawful permanent resident as of the "resident since" date inscribed on your original 2 year conditional green card. The 10 year green card you receive after you successfully lift I-751 conditions retains your original resident since date since you officially became an permanent resident and this is the date you use to count your naturalization clock eligibility.


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

9/8/2014: Went in for biometrics.

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.

 

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: Interview completed and APPROVED!

 

 

 

 

 

 

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5 hours ago, Starkilla09 said:

Your question is a little confusing but to clear the water let me list your naturalization pathway for you:

First and foremost you must successfully lift your I-751 conditions either through a joint or divorce waiver petition before you can successfully naturalize or even think of naturalizing that's the law. If you lift through a joint petition and are still married to and living with your U.S. citizen spouse, then you qualify to apply for naturalization on your 3rd year anniversary (though you can apply as early as 90 days) of being a lawful permanent resident as of the "resident since" date inscribed on your original 2 year conditional green card.

 

If successfully lift conditions as a joint I-751 petition then divorce later you no longer qualify to file under 3 year rule and must wait 5 years to apply like everyone else. The 3 year rule is for spouses of U.S. citizens who are still married to and living in marital union with their spouses as of the time of application and adjudication of the naturalization application transitional phase. The 5 year rule will also apply to you if you lift your I-751 conditions using a divorce waiver petition as well. As usual you can apply as early as 90 days prior to your 5th anniversary of being a lawful permanent resident as of the "resident since" date inscribed on your original 2 year conditional green card. The 10 year green card you receive after you successfully lift I-751 conditions retains your original resident since date since you officially became an permanent resident and this is the date you use to count your naturalization clock eligibility.

—> What he said :)))

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Given that the processing time of i751 is year +  can I apply for citizenship prior to the approval of i751?? (assuming legally married, live together til then etc)

 

if we apply for citizenship, if we were to divorce during that process I'd have to give additional notification on the change in marital status correct?

 

 

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43 minutes ago, kaiotes123 said:

Given that the processing time of i751 is year +  can I apply for citizenship prior to the approval of i751?? (assuming legally married, live together til then etc)

 

if we apply for citizenship, if we were to divorce during that process I'd have to give additional notification on the change in marital status correct?

 

 

If you have filed for citizenship on the 3 year rule you MUST remain married until you have your oath ceremony.  If you divorce during that time, you must withdraw the N-400 but you can simply change your I-751 to a divorce waiver.  


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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