divorce

[rodrigo79 0]

Hi everybody, I thought I'd drop by here again and ask a question that I've gotten different answers to, even from a couple of attorneys; maybe you guys can clarify this for me.

I brought my (then girlfriend) to the US in 2006 with a K1 visa, we got married that year, and by the end of last year it was pretty clear the marriage was not working. She already has her permanent resident card, we remain in good terms, it's just one of those things that changed too much over time and unfortunately is over. I know she could have applied for citizenship already as of last year, since she came on a K1 visa; as far as I know she only had to wait 3 years (of permanent residency) instead of the regular 5 for everybody else; but at the time neither of us thought of it and we didn't think of ending the marriage, although it was already deteriorating.

My questions are: if we divorce now, (we've been separated for 3 months now) will she have any issues AT ALL with her citizenship paperwork except that she'd have to wait another year to comply with the 5 year rule? Since we've been separated, if she sends the paperwork NOW, will that change/complicate things for either of us?

Thanks for any insight you may provide

regards

[Penguin_ie 5,996]

***** Moving from K1 to Effects of Major... forum as the OP's fiancee is now his(soon to be ex) wife. *****

No issues for her, you have the marriage a good shot, these things happen. She can apply 90 days before the 5th anniversary of her greencard.

Edited March 25, 2011 by Penguin_ie

[Kathryn41 3,205]

I am assuming that she did apply to remove conditions on her residency and now has a 10 year green card?

[Brother Hesekiel 2,236]

She cannot apply "now" anymore. She'll have to wait until the 5-year residency trashhold has been passed. At that time, she will not have any problems whatsoever.

[rodrigo79 0]

***** Moving from K1 to Effects of Major... forum as the OP's fiancee is now his(soon to be ex) wife. *****

No issues for her, you have the marriage a good shot, these things happen. She can apply 90 days before the 5th anniversary of her greencard.

thanks for your reply, and for moving the posting to the correct area.

I am assuming that she did apply to remove conditions on her residency and now has a 10 year green card?

Hi Kathryn41, yes, she's a full, regular resident already

She cannot apply "now" anymore. She'll have to wait until the 5-year residency trashhold has been passed. At that time, she will not have any problems whatsoever.

Hey JustBob, thanks too for the reply, appreciate you guys's help