Applying for Citizenship after Divorce

[Starcookie 0]

Well unfortunately it didn't last. Our marriage fell apart due to many factors and bad events we went through.. but gnawing away at me is how much trouble I'll have becoming a Citizen. I have grown to love America so much I don't want to leave. I just need advice on what evidence I will need to get my Citizenship.

*I currently have a 10 year Green Card - Issued July 2012 without Interview or issue.

*We were married from May 2009 - July of this year. The divorce got finalized in July.

*I (the beneficiary) was the one to file the Divorce.. purely because I was the only one able to afford it.

*My ex husband has a fatal disease.. and we went through a flood together and our house was destroyed.. our relationship didn't survive so much turmoil.

*We lived together up until August.

*There are several people who will write affidavits that we tried in good faith to have a solid marriage, including my ex husband. We're still on good terms and the separation was mutual..

*We went to therapy but no longer have any receipts or proof.. it was a while ago..

Is there anything else I am going to need? How do I go about becoming a Citizen, and when am I eligible?

I am so confused and anxious I'll have issues becoming a Citizen.. I don't want to leave the USA.

I know I need to begin gathering information that my marriage was in good faith but what do I even use for that besides written affidavits?

If anybody has any tips... or any advice for me.. please let me know.

Edited September 10, 2013 by Starcookie

[X2BWU 2]

A friend of mine went through similar situation. I see that you got your 10 years green card already so in my opinion you can still file for US citizenship. You will just have to wait longer ( base on this condition: continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year) as suppose to being married to a US citizen and getting your green card for 3 years. Since you got your GC in 2012 my estimate is that you can file for citizenship on July 2017. Here's a link to the N400 requirement on VJ http://www.visajourney.com/content/naturalization_requirements

Edit* Sorry let me take that back. I look at your timeline and it appears your first green card was issued since 2009. Therefore, you would be able to apply for citizenship in 2014 because it will make it 5 years since you became permanent resident. Had you still been married to your USC spouse, you would be able to apply for it this year (2012) because you only need 3 years requirement.

My friend applyed base on 3 year marriage and got divorce just before he got his interview date. He went to the interview anyways and when they found out he was divorce they told him to wait another 2 years. 2 years later he reapply and got his citizenship.

Edited September 11, 2013 by X2BWU

[Nich-Nick 3,354]

You are eligible approximately Nov. 3, 2014. Look at the date on you greencard....Resident since...Nov. 3? 4? 5? You may file the application no earlier than 90 days before that date or you can wait around a few years. No deadline. If you spent any extended time outside the US, then it may have "paused" your time toward having five years residency as counted by USCIS. The instructions explain that bit.

You need not be married or prove anything about your marriage being valid. It's an easier application really.

[Starcookie 0]

You are eligible approximately Nov. 3, 2014. Look at the date on you greencard....Resident since...Nov. 3? 4? 5? You may file the application no earlier than 90 days before that date or you can wait around a few years. No deadline. If you spent any extended time outside the US, then it may have "paused" your time toward having five years residency as counted by USCIS. The instructions explain that bit.

You need not be married or prove anything about your marriage being valid. It's an easier application really.

So it is the date from the 2 year Green Card? Not since US entry? I forget which event makes me a 'resident'..

Thank you for the replies!

[Nich-Nick 3,354]

So it is the date from the 2 year Green Card? Not since US entry? I forget which event makes me a 'resident'..

Thank you for the replies!

It has nothing to do with date of entry. Five years from the date of your first greencard. Even your new greencard should have written on it---

Resident since [the date of issue of the first greencard]

Your timeline says AOS approved Nov 3 2009 so that date or one very close should be on your old and new greencard. Add five years and you are eligible to be a citizen Nov 3 2014.

Edited September 11, 2013 by Nich-Nick

[jaycali 415]

This is a month old, but would like to add:

You likely won't be scrutinized about this.

50% of marriages end in divorce, that number isn't different for international couples. The USCIS know this, and they don't care how your marriage ended up. They only care why it was entered into.

By now, your relationship and marriage has been determined bona fide twice by the USCIS (NOA2 and ROC), as well as once both by the CBP (POE) and US State Department (visa interview). It is already assumed that you married for the right reasons.