Jump to content
GreenUS

Impact of divorce on Employment Based green card for naturalization

By GreenUS in US Citizenship General Discussion

 Share

9 posts in this topic

Recommended Posts

GreenUS Newbie

GreenUS   3

Posted
Timeline
Posted

Hello all,

 

First post here as I get ready to begin my naturalization process soon.

 

I am the primary beneficiary of an employer sponsored green card. This is the 10-year green card.

My former spouse got her green card through me, filing together back when we were married.

 

We were married for a total of < 5 years and got divorced a few months ago.

 

Will divorce have an impact on naturalization based on an employment based green card ?

I have seen a lot of posts regarding marriage-based green card, but none on employment based green cards.

 

Is it sufficient to indicate my marital status on the N-400 application and upload my divorce decree with the application?

 

Please advise.

Link to comment
Share on other sites
Family Experienced

Family   3,483

Posted
Timeline
Posted
19 minutes ago, GreenUS said:

Hello all,

 

First post here as I get ready to begin my naturalization process soon.

 

I am the primary beneficiary of an employer sponsored green card. This is the 10-year green card.

My former spouse got her green card through me, filing together back when we were married.

 

We were married for a total of < 5 years and got divorced a few months ago.

 

Will divorce have an impact on naturalization based on an employment based green card ?

I have seen a lot of posts regarding marriage-based green card, but none on employment based green cards.

 

Is it sufficient to indicate my marital status on the N-400 application and upload my divorce decree with the application?

 

Please advise.

Marital status won’t matter, simply needs to be disclosed. You will get a few questions on work  history since LPR status granted through employer….assuming all that was in order and you actually worked for company that sponsored you

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,450

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No

 

Does it ask for the Divorce Certificate?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
GreenUS Newbie

GreenUS   3

Posted
Timeline
  • Author
Posted
40 minutes ago, Family said:

Marital status won’t matter, simply needs to be disclosed. You will get a few questions on work  history since LPR status granted through employer….assuming all that was in order and you actually worked for company that sponsored you

Yes. All good on the employment front and I worked with the company that sponsored me for ~3 years after I got the GC from them, several years prior too.

Link to comment
Share on other sites
GreenUS Newbie

GreenUS   3

Posted
Timeline
  • Author
Posted
40 minutes ago, Boiler said:

No

 

Does it ask for the Divorce Certificate?

In the document checklist, it asks for proof of existing marriage or proof of prior marriages ended, etc.
So i will indicate my marital status and upload the decree with the application I guess.

Link to comment
Share on other sites
randomstairs Community Regular

randomstairs   270

Posted
Filed: Citizen (apr) Timeline
Posted
8 hours ago, Family said:

Marital status won’t matter, simply needs to be disclosed. You will get a few questions on work  history since LPR status granted through employer….assuming all that was in order and you actually worked for company that sponsored you

They rarely ask about work history even with EB cases. You're not required to work for the sponsoring employer at all. There may be a red flag if you quit like 2 weeks after receiving a green card, but that's about it. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Link to comment
Share on other sites
GreenUS Newbie

GreenUS   3

Posted
Timeline
  • Author
Posted
7 hours ago, randomstairs said:

They rarely ask about work history even with EB cases. You're not required to work for the sponsoring employer at all. There may be a red flag if you quit like 2 weeks after receiving a green card, but that's about it. 

Thank you!
So in my case with nearly 3 years of employment with the sponsoring employer AFTER receiving, there shouldn't be any issues, correct? 

I personally don't know of anyone that's worked with the same employer and the same position for the entire 4 years and 9 months prior to applying for naturalization

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,450

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

There might be questions if you left soon after, I have seen many discussions on that, I have my GC can I leave now.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...