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kimk408

Applying for Divorce After Filing for Citizenship - Rules and Please Advise

By kimk408 in Effects of Major Family Changes on Immigration Benefits

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kimk408 Newbie

kimk408   0

Posted
Filed: Timeline
Posted

Hello,

My sister is going through a very tough situation right now. She is permanent resident and will be applying for citizen next week. But just last week she has been told for a divorce from her husband side. He has an extra marital affair and my sister always wanted that he will stop that and be loyal to relationship again. But may be its not possible now, though her husband is willing to cooperate her in her citizenship process. I just want to understand the rules in this area and then of course suggesstions before I advise something to her

What if shes file for citizenship & then they file for divocre ?. I think citizenship will end before divore will get finalized. In that case can she take advantage of this and become citizen before they finally separate Or USCIS can see the on going divorce process & won't give her citizenship ?

Aldo when divorce proceedings start, can she leave country & still maintain physical address requirement for citiznship (not sure if this is needed as she has continuously stayed in CA till date)

Thanks

Kim

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

If she had her Green Card for at least 5 years, her marital status is completely irrelevant.

If she has not been a Green Card holder for 5 years, then this makes her ineligible to file before she has reached this mark.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

She is not eligible for citizenship based on the marriage if she files for divorce before or during the process. Him "helping" her would be lying and they CAN revoke her citizenship if they believe fraud was used to obtain it. She should just wait till she's been a resident for 5 years, then her marriage doesn't matter.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

beth Apprentice

beth   4

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Everyone was right... Just wait for 5 years to make sure she will not be denied... It will cost her $680.00 no refund...

MY NATURALIZATION TIMELINE

10/01/2012 - Sent N-400 via USPS PRIORITY MAIL from Florida to Texas Lockbox
10/03/2012 - Package delivered to Texas Lockbox
10/10/2012 - Received an email on Acceptance Confirmation
10/10/2012 - Check Cashed
10/30/2012 - Biometrics 11:00 AM
11/30/2012 - Received NOA for Test Interview
01/07/2013 - Interview @ 1:00 p.m. - Passed
[color="#0000FF"][b]02/22/2013 - Oath Ceremony[/b][/color]

 
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