Citizenship question

[ladi2005 0]

Hey guys,

I would like to thank everyone in adnvance any any of your answers. Here is my situation:

I got married to a U.S citizen in december 2005, Received my cond. green card in 2007. Received my permamnent green card (10 year) in 2008. In 2009 things did not go the way we planned it and so we got divorced this past summer. When will I be eligible to apply for citizenship??/ Will the divorce be a huge thing over at the interview??? We did marry in good faith and I got the fact as well.

Thank you very much to everyone in advance.

[lissa04 3]

Sorry to hear that your marriage didn't work out. Since you don't qualify to apply for citizenship under the 3 year minus 90 day rule, you will be able to apply on the 5 year minus 90 day rule. It looks like you will be able to apply in 2012 for citizenship. Look at the date that your Greencard was issued and count back 5 years minus 90 days that will tell you when you will be able to apply. You may be asked questions in regards to your marriage, you may also want to keep some of that information that the marriage was entered into good faith just in case.

Hope this helps,

Lissa

[Dakine 26]

Sorry to hear that your marriage didn't work out. Since you don't qualify to apply for citizenship under the 3 year minus 90 day rule, you will be able to apply on the 5 year minus 90 day rule. It looks like you will be able to apply in 2012 for citizenship. Look at the date that your Greencard was issued and count back 5 years minus 90 days that will tell you when you will be able to apply. You may be asked questions in regards to your marriage, you may also want to keep some of that information that the marriage was entered into good faith just in case.

Hope this helps,

Lissa

DITTO! Keep as much paperwork as you can showing you guys were a "thing" until divorce came along.

Shouldn't be much of a problem as you guys were cleared for the 10 year card already.

[ladi2005 0]

Is it five years since I received the conditional green card or the ten year green card??? I thought I will be able to apply september 2010 since my first green card was given to me in 2005??/ Am I wrong??? Please help.

[Dakine 26]

Is it five years since I received the conditional green card or the ten year green card??? I thought I will be able to apply september 2010 since my first green card was given to me in 2005??/ Am I wrong??? Please help.

90 days before the 5 year anniversary of your 1st GC.

[Brother Hesekiel 2,236]

Get your Green Card. Do you have it? Okay, on it, it says: "resident since XXX."

That's your date + 5 years (-90 days).

You need zero, nada, nilch evidence if applying for naturalization after 5 years. You can have received you residency by having sex with a chicken, don't matter. The marriage thing only matters when taking the fast route of 3 years. All that matters is that you are a GC holder for 5 years.

[NickD 202]

USCIS uses the terminology, the date of becoming a LPR, a lawful PERMANENT resident that you are really not, you are a conditional resident during that time. And until 1986 when they were issuing a permanent resident card, or called a green card, that really screwed me up, because they no long issued a permanent resident card, it's now a ten year card, and it sure ain't green in color, it's more yellow. Before 1986 it was a lifetime card, and as long as you hold that yellow card, have to tell they USCIS where you are and to keep very close tabs on whenever you leave this country.

They make not even leaving this country easier by not issuing you a US passport, they want you to stay here, work and pay taxes during that time. No account that you may have family that you may want to see from time to time, especially if one becomes ill and on their death bed. Expect you to maintain a foreign passport if you want visit them, and that may not be easy if your home country says, why should we give you a passport when you are planning to stay in the USA. They make a very good point.

So your are here, but not really here, can't get a government job, pay taxes, but cannot vote, even in a local election that may tax you to death, have to pay full FICA taxes, but really don't get all the benefits. It's a one way street until you get your USC. Yeah, it's the date on your yellow green card that is when you first became a conditional permanent resident that you use. And take that 90 days literally before adding five years to that date. If you sent it in just one day earlier, can be rejected. Better to use 89 days counting backwards on a calendar, counting that day of the year as day one.

[ladi2005 0]

USCIS uses the terminology, the date of becoming a LPR, a lawful PERMANENT resident that you are really not, you are a conditional resident during that time. And until 1986 when they were issuing a permanent resident card, or called a green card, that really screwed me up, because they no long issued a permanent resident card, it's now a ten year card, and it sure ain't green in color, it's more yellow. Before 1986 it was a lifetime card, and as long as you hold that yellow card, have to tell they USCIS where you are and to keep very close tabs on whenever you leave this country.

They make not even leaving this country easier by not issuing you a US passport, they want you to stay here, work and pay taxes during that time. No account that you may have family that you may want to see from time to time, especially if one becomes ill and on their death bed. Expect you to maintain a foreign passport if you want visit them, and that may not be easy if your home country says, why should we give you a passport when you are planning to stay in the USA. They make a very good point.

So your are here, but not really here, can't get a government job, pay taxes, but cannot vote, even in a local election that may tax you to death, have to pay full FICA taxes, but really don't get all the benefits. It's a one way street until you get your USC. Yeah, it's the date on your yellow green card that is when you first became a conditional permanent resident that you use. And take that 90 days literally before adding five years to that date. If you sent it in just one day earlier, can be rejected. Better to use 89 days counting backwards on a calendar, counting that day of the year as day one.

Thank you very much to all of you. My GC states that I have been GHolder since 2005. That means that next year I will apply for it. My question now is:::

Will the divorce be an issue during the citizenship process???? If so does anyone have any tips what sort of documents should I still keep with me??? Thank you in advance to everyone.

[lucyrich 20]

Will the divorce be an issue during the citizenship process???? If so does anyone have any tips what sort of documents should I still keep with me??? Thank you in advance to everyone.

The only possible problem is if they think the marriage was not originally entered in good faith, but was instead a sham to gain an immigration benefit. Now, when they granted the green card, they already ruled that the marriage was bona fide. And they confirmed that decision at the removal of conditions phase. So they'd need some fairly powerful contrary evidence to make them reverse the decision they already made. A divorce does tend to suggest bad things about the original marriage, but it's only one fact among many, and the big picture is what counts. Plenty of people marry in good faith and then divorce a few years later. They can't deny your naturalization for divorcing; they could only deny the naturalization if they were led to believe that the original marriage was never in good faith to begin with.

So keep any evidence you have that you originally entered the marriage in good faith. And don't worry.