Divorce after N-400 filling

[Nixon2013 0]

A Permanent Resident is applying for citizenship through marriage, received yellow letter, will getting a divorced at this point affect the application, does s/he has to stay married to the US citizen until the end of the naturalization process?

Thank you.

[Karee 4,191]

A Permanent Resident is applying for citizenship through marriage, received yellow letter, will getting a divorced at this point affect the application, does s/he has to stay married to the US citizen until the end of the naturalization process?

Thank you.

How long has the Permanent Resident been a Permanent Resident? What yellow letter are you referring to?

[Gary and Alla 3,694]

A Permanent Resident is applying for citizenship through marriage, received yellow letter, will getting a divorced at this point affect the application, does s/he has to stay married to the US citizen until the end of the naturalization process?

Thank you.

IF...applying as a THREE YEAR permanent resident spouse of US citizen...YES. At the interview the applicant needs to show he/she is still married to the US citizen with evidence of marriage (much as you did for Removal of Conditions). If approved, you must also disclose any changes to your condition on the date of the oath ceremony.

I do not know what you mean by "yellow letter"

There also is some vagueness on whether FILING for a divorce during this period would affect anything. USCIS seems more concerned with BEING married than being HAPPILY married.

IF...the person has been an LPR for at least 5 years, marriage or not would have no affect.

There is a special accelerated path for SPOUSES of US citizens, in order to receive this benefit at the accelerated rate one MUST BE MARRIED to the US citizen. Otherwise, marriage has no affect on citizenship

[Gary and Alla 3,694]

I hope it would be a red flag to the immigration office, that she had married simply to obtain immigration benefits and then filed for divorce and would be denied but I doubt it.

I see you are a new member. Welcome.

No, a divorce would not be a "red flag" after more than 3 years of marriage and after Removal of Conditions. The only benefit "lost" would be whether they become a citizen in 3 years or 5 years. Worst case, they would deny the three year citizenship and she comes back in two years and applies again. USCIS has determined that Removal of Conditions occurs at 2 years and after that marriage is of very little importance in the process. After two years the person is considered an immigrant in their own right.

People get married and many of those marriages fail.

[john gibbs 17]

I see you are a new member. Welcome.

No, a divorce would not be a "red flag" after more than 3 years of marriage and after Removal of Conditions. The only benefit "lost" would be whether they become a citizen in 3 years or 5 years. Worst case, they would deny the three year citizenship and she comes back in two years and applies again. USCIS has determined that Removal of Conditions occurs at 2 years and after that marriage is of very little importance in the process. After two years the person is considered an immigrant in their own right.

People get married and many of those marriages fail.

how do you explain all these marriages failing immediately after they receive a permanent resident card? coincidence?

[Nixon2013 0]

How long has the Permanent Resident been a Permanent Resident? What yellow letter are you referring to?

Permanent resident has been in status for few months.

Yellow letter is the pre-interview case file review and contains information about documentation that you should bring with you on interview, like tax forms, etc...

[Karee 4,191]

Permanent resident has been in status for few months.

Yellow letter is the pre-interview case file review and contains information about documentation that you should bring with you on interview, like tax forms, etc...

If the permanent resident has only been a permanent resident for a few months, then there is no way to file for citizenship. A permanent resident is only eligible for citizenship if they are currently married to a U.S. citizen, and have been a permanent resident for 3 years. If not currently married to a U.S. citizen, the permanent resident will need be a permanent resident for 5 years before eligible for citizenship.

Sounds like the permanent resident may be filing for lifting of conditions on a 2 year green card, not citizenship.

[Gary and Alla 3,694]

how do you explain all these marriages failing immediately after they receive a permanent resident card? coincidence?

1. I don't. Not my job.

2. The question was about citizenship. Citizenship does not occur until a person has been a permanent resident for at least three years.

If the permanent resident has only been a permanent resident for a few months, then there is no way to file for citizenship. A permanent resident is only eligible for citizenship if they are currently married to a U.S. citizen, and have been a permanent resident for 3 years. If not currently married to a U.S. citizen, the permanent resident will need be a permanent resident for 5 years before eligible for citizenship.

Sounds like the permanent resident may be filing for lifting of conditions on a 2 year green card, not citizenship.

Right. I am confused now.

[Nixon2013 0]

If the permanent resident has only been a permanent resident for a few months, then there is no way to file for citizenship. A permanent resident is only eligible for citizenship if they are currently married to a U.S. citizen, and have been a permanent resident for 3 years. If not currently married to a U.S. citizen, the permanent resident will need be a permanent resident for 5 years before eligible for citizenship.

Sounds like the permanent resident may be filing for lifting of conditions on a 2 year green card, not citizenship.

Karee, not temporary green card. After you file for the second time (removal of temporary GC status) then you receive GC on 10years considered as Permanent Residence.

[Karee 4,191]

Karee, not temporary green card. After you file for the second time (removal of temporary GC status) then you receive GC on 10years considered as Permanent Residence.

Exactly. If you look on the green card it will say something like "Permanent Resident Since" and have a date. What is that date?

ETA, also when does it expire?

Edited March 4, 2013 by Karee

[Nixon2013 0]

Exactly. If you look on the green card it will say something like "Permanent Resident Since" and have a date. What is that date?

ETA, also when does it expire?

It expires in 10years.

[Karee 4,191]

It expires in 10years.

Ok, so if the person holding that green card is still married to the person they filed with to get the green card, then take the expiration date on the green card and subtract 7 years and 3 months from that date. That is when they can file for for citizenship. If not currently married to that person, then subtract 5 years and 3 months from that date and that is when they can file for citizenship.

Noticed I underlined "file" That is because you can file 3 months prior to when you are eligible.

[Nixon2013 0]

Ok, so if the person holding that green card is still married to the person they filed with to get the green card, then take the expiration date on the green card and subtract 7 years and 3 months from that date. That is when they can file for for citizenship. If not currently married to that person, then subtract 5 years and 3 months from that date and that is when they can file for citizenship.

Noticed I underlined "file" That is because you can file 3 months prior to when you are eligible.

Karee, that is understandable. So, if you have already filed for naturalization based on all those conditions that were necessary, your application is accepted and you are already in the process of getting on the interview for the citizenship, if you get divorced at this point would that affect your N-400 application?

[Karee 4,191]

Karee, that is understandable. So, if you have already filed for naturalization based on all those conditions that were necessary, your application is accepted and you are already in the process of getting on the interview for the citizenship, if you get divorced at this point would that affect your N-400 application?

Here's the deal. There a two places you will have an issue.

1. When you go to the interview, they will ask you if you are still married. You will have to answer truthfully. If you are not still married, then I think you have to wait another 2 years.

2. If between the interview and the oath ceremony, you get divorced you will need to tell them prior to the oath ceremony. The first question on the form N-445 that you have to fill out and sign is this:

Have you married, or been widowed, separated or divorced? (If "Yes," please bring documented proof of marriage, death, separation or divorce.) If you answer yes, I think you will also have to wait another 2 years.

I don't know for a fact though. I'm just assuming since they ask you, that you will have to wait the additional 2 years if you are divorced. Hopefully someone else here can give you a better answer.

I'm going to report this to the moderator team and let them decide whether or not to move this to the citizenship forum. You might get better answers there.

[Ban Hammer 13,481]

I'm going to report this to the moderator team and let them decide whether or not to move this to the citizenship forum. You might get better answers there.

it's in the best possible place.