Divorced and N400

[Traditions Way 0]

Hi, Everyone! This question is for a friend. She has been a LPR for 3 years and been married for 3 1/2 years but now divorce, is she eligible to apply for citizenship? Thanks!

[chuckb 0]

Hi, Everyone! This question is for a friend. She has been a LPR for 3 years and been married for 3 1/2 years but now divorce, is she eligible to apply for citizenship? Thanks!

She must have the GC for ten years, no conditional stuff. Why not?

I believe that you have to wait for five years if not married to a USC, to file, but as long as legal for any reason...

[Traditions Way 0]

She has 10 year green card. The rule 3 years married to USC spouse is this mean still married? What if she'd been married for 31/2 years but they got divorce, does she still to wait for 5 years before applying for N400?

Hi, Everyone! This question is for a friend. She has been a LPR for 3 years and been married for 3 1/2 years but now divorce, is she eligible to apply for citizenship? Thanks!

She must have the GC for ten years, no conditional stuff. Why not?

I believe that you have to wait for five years if not married to a USC, to file, but as long as legal for any reason...

[TayRivers 4]

To be able to file under the 3 year rule she would have to be still married to the USC and still living with the USC, as she is now divorced she can not apply for citizenship until she has been a LPR for 5 years and meets all the other conditions of citizenship.

[Traditions Way 0]

OK, very well explained! Thanks!

To be able to file under the 3 year rule she would have to be still married to the USC and still living with the USC, as she is now divorced she can not apply for citizenship until she has been a LPR for 5 years and meets all the other conditions of citizenship.

[chuckb 0]

OK, very well explained! Thanks!

To be able to file under the 3 year rule she would have to be still married to the USC and still living with the USC, as she is now divorced she can not apply for citizenship until she has been a LPR for 5 years and meets all the other conditions of citizenship.

That is my understanding of the "law." Far be it for me to understand it...

[lucyrich 20]

OK, very well explained! Thanks!

To be able to file under the 3 year rule she would have to be still married to the USC and still living with the USC, as she is now divorced she can not apply for citizenship until she has been a LPR for 5 years and meets all the other conditions of citizenship.

That is my understanding of the "law." Far be it for me to understand it...

Your understanding is correct. In addition, the law says that, if you file under the "three years married to US Citizen" provision (if you check box 2B on your N-400), the marriage must continue until you take the citizenship oath. It's not enough just to have the marriage continue until you file the initial paperwork. Even if the marriage ends due to no fault of the applicant (if the US Citizen spouse dies, for example), the day before the oath ceremony, that would make the applicant ineligible.