divorce after 10 yr green card

[MaryLoves 5]

I got my 10 yr green card a few months ago through marriage. I met my spouse almost 8 years ago, and after being in a relationship for 4 yesrs or so, we got married. 

I got a conditional green card, but I got the condition removed and got my 10 year green card.

 

My marriage has been rough since a few months before I got my condition removed, and now I really can't stand it anymore. 

 

1)  I now have the 10yr green card, but does a divorce afffect my immigration status in any way?  My attorney told me that if the divorce has to happen, make sure it is not due to mu fault, but should be my spouse's. For example, even though I have the 10 yr GC, if I am the one who got violent, or even cheated on my spouse, and that was the cause of the divorce, it would look bad. My attorney said the divorce should be due to my spouse's, but I dont even think this is true. Can anyone clarify? 

No one in our marriage has cheated, but I want a divorce asap. 

 

2) It has only been a few months since I got my 10yr green card. Would it be bad if I divorce too soon?

 

3) If one day I want a citizenship after 5 years from now, would my divorce become an issue?

Edited May 8, 2021 by MaryLoves

[Mike E 11,723]

1. What kind of attorney is advising you? I got naturalized after a divorce and was never asked if the divorce was “my fault”.  In America we’ve moved past “fault” in divorces.  Both legallly and culturally.   Marriages break down.  
 

2. the optics aren’t great but you need to show evidence that your relationship was bonafide at the time you had removal of conditions interview (or approval of interview was waived) 

 

3. Expect to  asked for evidence of bonafide marriage.  I was after a 31 year marriage and 32 years as an LPR.  Some of not most are not asked.  Btw you can naturalize 5 years from when you got your 2 year green card.  

Edited May 8, 2021 by Mike E

[Crazy Cat 39,229]

2 hours ago, MaryLoves said:

I got my 10 yr green card a few months ago through marriage. I met my spouse almost 8 years ago, and after being in a relationship for 4 yesrs or so, we got married. 

I got a conditional green card, but I got the condition removed and got my 10 year green card.

 

My marriage has been rough since a few months before I got my condition removed, and now I really can't stand it anymore. 

 

1)  I now have the 10yr green card, but does a divorce afffect my immigration status in any way?  My attorney told me that if the divorce has to happen, make sure it is not due to mu fault, but should be my spouse's. For example, even though I have the 10 yr GC, if I am the one who got violent, or even cheated on my spouse, and that was the cause of the divorce, it would look bad. My attorney said the divorce should be due to my spouse's, but I dont even think this is true. Can anyone clarify? 

No one in our marriage has cheated, but I want a divorce asap. 

 

2) It has only been a few months since I got my 10yr green card. Would it be bad if I divorce too soon?

 

3) If one day I want a citizenship after 5 years from now, would my divorce become an issue?

It would "look bad" for what?   Just keep your marriage and divorce documents.  Marriages break apart every day.  Protect yourself physically and financially.  There is no reason for worry.

[JeanneAdil 6,197]

Not an immigration issue 

Divorce and get on with your life

and do not try to put the blame on the USC thinking it will help with immigration 

that would be cruel and unfair and no one in immigration cares

[Nitas_man 3,100]

3 hours ago, MaryLoves said:

I got my 10 yr green card a few months ago through marriage. I met my spouse almost 8 years ago, and after being in a relationship for 4 yesrs or so, we got married. 

I got a conditional green card, but I got the condition removed and got my 10 year green card.

 

My marriage has been rough since a few months before I got my condition removed, and now I really can't stand it anymore. 

 

1)  I now have the 10yr green card, but does a divorce afffect my immigration status in any way?  My attorney told me that if the divorce has to happen, make sure it is not due to mu fault, but should be my spouse's. For example, even though I have the 10 yr GC, if I am the one who got violent, or even cheated on my spouse, and that was the cause of the divorce, it would look bad. My attorney said the divorce should be due to my spouse's, but I dont even think this is true. Can anyone clarify? 

No one in our marriage has cheated, but I want a divorce asap. 

 

2) It has only been a few months since I got my 10yr green card. Would it be bad if I divorce too soon?

 

3) If one day I want a citizenship after 5 years from now, would my divorce become an issue?

Your attorney is incorrect on this.  Divorces happen.  Best thing to do is an amicable split and go your way.

 

An answer as simple as “irreconcilable differences” will suffice as a reason for divorce.  There does not have to be fault on either side and your attorney should advise you that making or making up false accusations can potentially have a bigger negative impact than “we just did not work out”.

 

There is no relationship between 5-year citizenship and your previous marriage.  That is a stand-alone application, not like the three-year rule where validity of the marriage has to be demonstrated in order to qualify.

 

Best of luck!

[Ban Hammer 12,837]

thread moved to a different forum which is more suited to this topic.

 

charles

vj moderation

[MaryLoves 5]

Thank you everyone.

 

I now understand that a divorce itself won't be an issue, but I now have 3 new questions.

 

1)If I dont apply for a citizenship and just stay as a PR, does USCIS ever look at my file and investigate the validity of our marriage? 

Should I keep collecting bona fide proof (like rental agreement, joint statements etc?) 

 

2) Upon divorcing, will I have to notify USCIS of my marital status change?? 

or even in general, will there be times when I still have to deal with USCIS FOR ANYTHING? (If i am NOT applying for citizenship). Is address change the only thing I will need to keep doing? 

 

3) Some say that if I apply for citizenship at 5 year mark, the marriage through which I got my GC (and a divorce) dont have any effect on the process. but some say that a divorce becomes an issue and they will re-verify the validity of marriage. 

Which is true?? 

[Ontarkie 13,916]

They won't go digging for no reason to find fault in your marriage. Any GC obtain from a marriage can be looked at when applying for citizenship. Will it come up no one really  knows. Sometimes it does and the officer asks a ton of questions other times nothing. Maybe it has to do with what is in the file over the years. Nobody really knows. 

 

The only thing in life that is guarantied is death and taxes. 

Edited May 9, 2021 by Ontarkie

[laylalex 7,247]

Get divorced. Trust me, if you think it's a good idea now, you'll think it was an even better idea 3 or 4 years from now. There are NO states left that require you to have a reason to get divorced, and USCIS doesn't care either. The only person who should care if you get divorced is YOU. 

 

My ex (who came in on a K1) and I split well after he removed conditions, but he did apply for citizenship under the 5 year rule and I had to help him out a bit because I had always been the person who dealt with immigration before then. I can tell you the sum total of what he said they asked him about his marriage: "So you were married to an American before but that didn't work out, right?" That was it. No questions about why we broke up. He ticked all the boxes and jumped through all the hoops and now he's a USC. I am divorced and free of him.

 

Your attorney doesn't know his rear end from his elbow. File for divorce. Your mental health is paramount here, and staying married to a person who makes you miserable isn't going to help that. When citizenship comes around, fill out the forms without fear. You are doing what is right for YOU. Best wishes to you in a difficult time. ❤️ 

[Nitas_man 3,100]

14 hours ago, MaryLoves said:

Thank you everyone.

 

I now understand that a divorce itself won't be an issue, but I now have 3 new questions.

 

1)If I dont apply for a citizenship and just stay as a PR, does USCIS ever look at my file and investigate the validity of our marriage? 

Should I keep collecting bona fide proof (like rental agreement, joint statements etc?) 

Your marriage was validated when your conditions were lifted.  

14 hours ago, MaryLoves said:

 

2) Upon divorcing, will I have to notify USCIS of my marital status change?? 

or even in general, will there be times when I still have to deal with USCIS FOR ANYTHING? (If i am NOT applying for citizenship). Is address change the only thing I will need to keep doing? 
 

Address change and renewal of your GC.  There is no requirement that you notify them of change in family or marital status

14 hours ago, MaryLoves said:

 

3) Some say that if I apply for citizenship at 5 year mark, the marriage through which I got my GC (and a divorce) dont have any effect on the process. but some say that a divorce becomes an issue and they will re-verify the validity of marriage. 

Which is true?? 
 

They appear to review the whole A-file against the benefits you previously received and may or may not discuss flags with you.  
 

For instance if you were divorced prior to ROC and that benefit (conditions lifted) was granted based on a valid marriage at the time it might trigger a question as to whether you filed for and erroneously received an immigration benefit.  

I’ve never even read about a timeline or situation like you are describing triggering an issue.  This is not something you should be concerned about.  What you are describing would be applicable under the three-year rule when current and valid marriage is material to the outcome of the case.

 

In short, no worries.  Best of luck moving forward.
 

 

[JeanneAdil 6,197]

and to the USC who sponsored you,   she will be happy when you apply and get the citizenship as that relieves the USC of affidavit of support/that or you working for 40 quarters of employment

 

 

[USC4SPOUSE 506]

On 5/8/2021 at 7:00 AM, MaryLoves said:

I got my 10 yr green card a few months ago through marriage. I met my spouse almost 8 years ago, and after being in a relationship for 4 yesrs or so, we got married. 

I got a conditional green card, but I got the condition removed and got my 10 year green card.

 

My marriage has been rough since a few months before I got my condition removed, and now I really can't stand it anymore. 

 

1)  I now have the 10yr green card, but does a divorce afffect my immigration status in any way?  My attorney told me that if the divorce has to happen, make sure it is not due to mu fault, but should be my spouse's. For example, even though I have the 10 yr GC, if I am the one who got violent, or even cheated on my spouse, and that was the cause of the divorce, it would look bad. My attorney said the divorce should be due to my spouse's, but I dont even think this is true. Can anyone clarify? 

No one in our marriage has cheated, but I want a divorce asap. 

 

2) It has only been a few months since I got my 10yr green card. Would it be bad if I divorce too soon?

 

3) If one day I want a citizenship after 5 years from now, would my divorce become an issue?

@MaryLoves, I am sorry to hear things are not working out for your marriage. It happens. On the upside, you have your 10 year green card. 

 

1. This is terrible advice. Just take the irreconcilable differences route. 

 

2. You already have your 10 year green card. USCIS decided already that you entered the marriage in good faith.

 

3. You are probably already eligible for naturalization based on the 5 year rule. If you want to wait longer, that is up to you. You need to have been a permanent resident for 4 years and 9 months in order to apply for naturalization. To be clear, you may apply 90 days before your 5th anniversary as a permanent resident. The clock starts the day USCIS approved your conditional green card. 

I have not read of anyone being asked for evidence of bona fide marriage when naturalizing based on the 5 year rule. I could see it happening if you naturalize, then marry an intending immigrant and file for AOS on their behalf. But just in case, I would secure evidence of bona fide marriage since the time you filed your I-751. And if you have copies of your I-751 filing, then secure that, too. (Hopefully, you sent evidence since the date of your marriage). Again, I do not think anyone will ask, though. 

 

Best wishes,