Question about becoming a citizen

[wasabi 4]

I am the US citizen. I am considering divorcing my wife however I would like if it were still possible for her to become a US citizen as I still care about her and her future. She is a few months away from being able to apply for the 10 year green card. After she gets that what would happen if we divorced? Would she have to leave the country immediately? Is there anyway I can help her to stay until she obtains citizenship besides being married? If not than I will probably stay married to her either until she is a citizen or if we manage to work things out.

[Penguin_ie 5,993]

You don;t even need to wait till she has her ten year card. All she needs to prove is that it was a bonafide marriage, and she will get approved. With citizenship, she will have to wait five years if you are divorced to get it, rather than 3 years, but otherwise there is no difference.

[Nich-Nick 3,354]

She is a few months away from being able to apply for the 10 year green card. After she gets that what would happen if we divorced? Would she have to leave the country immediately?

No, she could stay 10 more years as an LPR, then renew for another 10 years with or without you. Or she could apply for citizenship around Jan 2013 with you or Jan 2015 without you.

To apply on her own for the 10 year card, she needs to be fully divorced with a final decree. So if it can be final by the end of the year, then hurry up and do it. Otherwise hang in there married and let her get her card first. Divorce finalization varies by state.

[Brother Hesekiel 2,236]

Looks like your marriage was "real." In this case your wife would be able to remove the conditions of her residency without you, although it's a bit more "care free" to do this jointly. After your wife has an (unrestricted) 10-year Green Card, her martial status is totally irrelevant for immigration purposes, meaning a divorce has no ill-effect at all. The only difference is that Green Card holders who still live together with their petitioning spouse in martial bliss can file for naturalization after only 3 years, whereas everybody else has to wait 5 years. So basically, you can divorce your wife and she'll still be able to stay, get her 10-year Green Card, and become a US citizen, as long as she doesn't get in trouble with the law or violates her residency requirements in the US.