Need advice about divorce after 10 year card

[marriedandalone 0]

I need some opinions from some people who I am sure have been in my situation. I have had the conditions on my residency removed and I have my 10 year green card for about 2 months now.

My wife and I are currently separated at her request (she moved out right after I got my green card), at this point I feel she has basically abandoned me and the marriage. Sadly I am very doubtful of this having a happy ending and fear this many result in me getting a divorce no matter how much I would like it to work. I have some questions set out below relating to my immigration status.

1. What would be the affect on my green card of a divorce?

2. Does the reason given for the divorce have any affect on my ability or chances of obtaining citizenship if establishing eligibility and filing for naturalization under the 5 year residence requirement?

3. Does who filed for divorce have any bearing on my ability or chances of obtaining citizenship if establishing eligibility and filing for naturalization under the 5 year residence requirement?

4. Would the time elapsed between me gaining my lawful permanent residency and filing for divorce have any impact on my ability or chances of obtaining citizenship if establishing eligibility and filing for naturalization under the 5 year residence requirement?

5. If I apply for citizenship does it put my green card or LPR status at risk in any way? Can it be revoked or removed for any reason?

6. When applying for citizenship (under the requirement of being an LPR for 5 years) will I need to provide evidence that the marriage was genuine and how would this differ from the evidence provided for the removal on conditions? (List of evidence from the ROC attached for reference)

I have an affidavit signed by my wife and I and witnessed by a third party, will this carry when applying for citizenship after a divorce?

Thanks

Marriedandalone

[thongd4me 69]

I need some opinions from some people who I am sure have been in my situation. I have had the conditions on my residency removed and I have my 10 year green card for about 2 months now.

My wife and I are currently separated at her request (she moved out right after I got my green card), at this point I feel she has basically abandoned me and the marriage. Sadly I am very doubtful of this having a happy ending and fear this many result in me getting a divorce no matter how much I would like it to work. I have some questions set out below relating to my immigration status.

1. What would be the affect on my green card of a divorce?

NONE

2. Does the reason given for the divorce have any affect on my ability or chances of obtaining citizenship if establishing eligibility and filing for naturalization under the 5 year residence requirement?

NO

3. Does who filed for divorce have any bearing on my ability or chances of obtaining citizenship if establishing eligibility and filing for naturalization under the 5 year residence requirement?

NO

4. Would the time elapsed between me gaining my lawful permanent residency and filing for divorce have any impact on my ability or chances of obtaining citizenship if establishing eligibility and filing for naturalization under the 5 year residence requirement?

NO

5. If I apply for citizenship does it put my green card or LPR status at risk in any way? Can it be revoked or removed for any reason?

NO; only if you are found guilty of terrorist activities.

Been there, done that with my first wife.

6. When applying for citizenship (under the requirement of being an LPR for 5 years) will I need to provide evidence that the marriage was genuine and how would this differ from the evidence provided for the removal on conditions? (List of evidence from the ROC attached for reference)

No because you won't be applying for citizenship on the basis of your marriage but on the basis of your being an LPR for 5 years.

I have an affidavit signed by my wife and I and witnessed by a third party, will this carry when applying for citizenship after a divorce?

Affidavit certifying what?

Thanks

Marriedandalone

Edited May 5, 2010 by thongd4me

[marriedandalone 0]

Sorry the affidavit is that we both entered into the marriage in good faith and that it was not (which it was infaticly not). This was signed by us both and witnessed by a third party.

[Okalian 41]

Sorry the affidavit is that we both entered into the marriage in good faith and that it was not (which it was infaticly not). This was signed by us both and witnessed by a third party.

Your 10-year greencard ---> you're a free man. A divorce won't affect your current status in any way.

The ONLY difference pertaining to citizenship is that you're eligible to apply after 4 years 9 months instead of 2 years 9 months from the date of obtaining PR.

[VanessaTony 3,567]

Yep, as stated, unless you lied on a document, unless your divorce was final BEFORE you got the card (thread about that earlier this week :S) then you're in the clear. Obviously don't break any laws (I don't think speeding counts but you shouldn't do it anyway ) and you should be good to go.

I'm sorry your marriage didn't work out but I'm sure the stress of wondering if she can "deport" you wasn't helping at all. Hopefully knowing you're safe will help you stress a little less and it always helps to remove "immigration issues" from relationship issues.

Best of luck.

[Okalian 41]

I don't think speeding counts but you shouldn't do it anyway )

I know this is off topic, but you won't believe how much of an investment a good radar detector is

[marriedandalone 0]

I know this is off topic, but you won't believe how much of an investment a good radar detector is

This is off topic but i know what you mean, I have one and it has already payed for its self more than once over.

[Brother Hesekiel 2,236]

1)0

2) to 6) No

At this point of your journey, a divorce has the same impact on your immigration as if a lightbulb in Kula Lumpur stops working.

[Filipinawife0210 15]

1)0

2) to 6) No

At this point of your journey, a divorce has the same impact on your immigration as if a lightbulb in Kula Lumpur stops working.

I'm sure the Lumpurians would beg to differ.

[thongd4me 69]

Sorry the affidavit is that we both entered into the marriage in good faith and that it was not (which it was infaticly not)*. This was signed by us both and witnessed by a third party.

*So in the interest of peace you both agreed in front of a witness to an affidavit that there was good

faith in the marriage when there actually wasn't? I doubt if it would be challenged but I'm not sure if

it is a requirement.

http://www.visajourney.com/content/naturalization_guide

As long as you've had the conditions removed (which you have) there is no impediment to you

renewing your 10-yr GC when it comes up or applying for citizenship.

[VanessaTony 3,567]

Sorry the affidavit is that we both entered into the marriage in good faith and that it was not (which it was infaticly not). This was signed by us both and witnessed by a third party.

*So in the interest of peace you both agreed in front of a witness to an affidavit that there was good faith in the marriage when there actually wasn't? I doubt if it would be challenged but I'm not sure if it is a requirement.

http://www.visajourney.com/content/naturalization_guide

As long as you've had the conditions removed (which you have) there is no impediment to you renewing your 10-yr GC when it comes up or applying for citizenship.

Actually, I believe it is a typo on the OP's part. I believe it's MEANT to read "the affidavit is that we both entered into the marriage in good faith and that it was not (which it was emphatically not) a greencard marriage"

[marriedandalone 0]

Actually, I believe it is a typo on the OP's part. I believe it's MEANT to read "the affidavit is that we both entered into the marriage in good faith and that it was not (which it was emphatically not) a greencard marriage"

You are correct that is what I meant to say sorry for the typos!

Thank you all for the advice about my situation, I still want to run these questions by a qualified immigration attorney. Does anyone know how I can be sure to get a good one that will give me sound advice?

[VanessaTony 3,567]

You are correct that is what I meant to say sorry for the typos!

Thank you all for the advice about my situation, I still want to run these questions by a qualified immigration attorney. Does anyone know how I can be sure to get a good one that will give me sound advice?

Laurel Scott gives free advice on her website forum on Wednesdays... if i were you'd I'd wait till then because you'd be wasting your money otherwise.

I can 10000000000% confirm that once you have your 10 year greencard, unless you committed fraud to get it (like lied on a document) then you will have absolutely no issues applying for naturalisation when the time comes. (I say applying because there are other factors like how long you've spent outside the US etc that impact the decision)

Edited May 7, 2010 by Vanessa&Tony

[marriedandalone 0]

Thanks guys for all your help and reassurance, I was wondering if there was anyone out there who has or is applying for citizenship after having filled jointly for ROC but got divorced after the conditions were removed.

How was you ride through the process?

Did you have to once again prove that your marriage was genuine?

Was your divorce a factor in your application for citizenship?

[Okalian 41]

Thanks guys for all your help and reassurance, I was wondering if there was anyone out there who has or is applying for citizenship after having filled jointly for ROC but got divorced after the conditions were removed.

How was you ride through the process?

Did you have to once again prove that your marriage was genuine?

Was your divorce a factor in your application for citizenship?

This guy was divorced after ROC but separated before his ROC was approved.

http://britishexpats.com/forum/showthread.php?t=662276