Divorce outside US after I-751 but before citizenship

[riya20122 0]

Hello All,

I applied for I-751 but now planning to seperate. But most probably won't initiate divorce etc till my I-751 gets approved. I am also planning to visit my parents for few months after I am done with I-751 process. If I do that & apply divorce ib mt home country (where actually marriage took place), can I still apply for citizenship here as part of 3 yrs rule, as in US i probably will try to postpone formal divorce till citizenship. My spouse is ok to cooperate as he has an extra marital affair and its all his fault. Please give some advise

[milimelo 4,554]

Hello All,

I applied for I-751 but now planning to seperate. But most probably won't initiate divorce etc till my I-751 gets approved. I am also planning to visit my parents for few months after I am done with I-751 process. If I do that & apply divorce ib mt home country (where actually marriage took place), can I still apply for citizenship here as part of 3 yrs rule, as in US i probably will try to postpone formal divorce till citizenship. My spouse is ok to cooperate as he has an extra marital affair and its all his fault. Please give some advise

No, in the case you're proposing that would be fraud - divorce in a foreign country but not disclosing it at N400. Get divorced and apply for citizenship at 5 yr PR mark. Your husband does know that he can be fined and sent to jail if he covers and lies for you so you can gain immigration benefit (naturalization)?

[Deputy Purple 1,294]

In fact, the timing for your ROC filing could be considered fraudulent.

If you're going to divorce then you need to file for divorce and if not complete by the ROC deadline file noting that you are in the process of divorcing and want to use the divorce waiver.

If you get an interview for ROC will your soon to be ex lie at the interview about the status of your marriage? If either of you does that's fraud.