Some clarification after divorce (LPR)

[DTLVbrit 3]

Hi there,

First, I just want to state how much I appreciate this community and how much it has helped me over the past few years.

Secondly, I wanted to clarify a few things regarding my situation as a permanent resident with a 10 year green card. This has been a cause of some anxiety, and you guys would really be helping me out if you could help me

The facts:

• I came to the US on a K1 visa in 2007, and after the AOS, I received my 2 year conditional green card in December 2007
• ROC was successful in December 2009 and received my 10 year green card
• Unfortunately, we were divorced in early 2012, just shy of 5 years of marriage (mutual uncontested divorce - we remain on good terms, it just wasn't working towards the end)
• During my time here, I have continued to be a permanent resident, filed my AR-11 every time I moved, and not spent more than 30 days out of the country in the time I have been a permanent resident

I have now been a permanent resident here for close to 7 years and I am ready to begin the citizenship application (based on 5 years of residency). For whatever reason, this now has me paranoid that I may have screwed something up. I would love it if someone could help me with these questions:

1. After getting divorced, I was told that my status as an permanent resident with a 10 year green card is not changed, and I wouldn't have to leave the US. I am still allowed to be in the US as a 10 year green card holder/permanent resident even after divorce - is that correct?
2. After getting divorced, I did not inform the USCIS of the divorce because I was under the impression that I didn't need to - is that correct?
3. I would love to be able to marry my new girl at some point next year - as a 10 year green card holder, and someone potentially going through the citizenship process, am I still free to marry?

Thank you so much for any response - you would really be helping me out.

[Merrytooth 5,748]

1. After getting divorced, I was told that my status as an permanent resident with a 10 year green card is not changed, and I wouldn't have to leave the US. I am still allowed to be in the US as a 10 year green card holder/permanent resident even after divorce - is that correct? Yes, You can stay
2. After getting divorced, I did not inform the USCIS of the divorce because I was under the impression that I didn't need to - is that correct? No need to.
3. I would love to be able to marry my new girl at some point next year - as a 10 year green card holder, and someone potentially going through the citizenship process, am I still free to marry? Yes

Thank you so much for any response - you would really be helping me out.

[DTLVbrit 3]

1. After getting divorced, I was told that my status as an permanent resident with a 10 year green card is not changed, and I wouldn't have to leave the US. I am still allowed to be in the US as a 10 year green card holder/permanent resident even after divorce - is that correct? Yes, You can stay
2. After getting divorced, I did not inform the USCIS of the divorce because I was under the impression that I didn't need to - is that correct? No need to.
3. I would love to be able to marry my new girl at some point next year - as a 10 year green card holder, and someone potentially going through the citizenship process, am I still free to marry? Yes

Thank you so much for any response - you would really be helping me out.

Thanks Merrytooth! I think this is just one of those situations where I got concerned making sure I had done everything correctly - and after googling a few things, it sounded like USCIS should be informed of a divorce, but it looks like that's only before and during the removal of conditions phase. So it looks like I am ok after not informing them of any change because it was way after ROC.

Thanks again

[Nich-Nick 3,354]

Agree with Merrytooth.

[DTLVbrit 3]

Agree with Merrytooth.

Thanks Nich-Nick.

I had forgotten how stressful immigration forms and everything can be. I literally spent an hour trying to figure out if I should have told USCIS about the divorce. I even got paranoid about Merrytooth's answer of "no need to" as I originally interpreted that as I need to tell them!

Just to confirm, the only time USCIS needs to know about divorce is during the conditional residence (2 year green card) stage?

Clearly I am going crazy - I can't wait to send off my N400

[Merrytooth 5,748]

Thanks Nich-Nick.

I had forgotten how stressful immigration forms and everything can be. I literally spent an hour trying to figure out if I should have told USCIS about the divorce. I even got paranoid about Merrytooth's answer of "no need to" as I originally interpreted that as I need to tell them!

Just to confirm, the only time USCIS needs to know about divorce is during the conditional residence (2 year green card) stage?

Clearly I am going crazy - I can't wait to send off my N400

The USCIS would only need to know about the divorce if you are filing ROC I-751 with divorce waiver.

You have the 10 years Green Card. You are good to go.

[Nich-Nick 3,354]

Just to confirm, the only time USCIS needs to know about divorce is during the conditional residence (2 year green card) stage?

Clearly I am going crazy - I can't wait to send off my N400

Just to add to your assurance... You have been freely eligible as a single guy for citizenship since December of 2012. No strings to the former wife. (5 years since first greencard)

You were also eligible in December 2010 because you were still the spouse of the US citizen who petitioned your K1. That would have required marriage proofs with the application to get in on the 3 year rule.

The only reason your former wife will come up now is you have to report your marital history on the form. You also report your addresses and jobs. It is just part of your personal history. They don't care if you are divorced or remarried. I would suggest you marry your new gal before you fill out the application or after your citizenship. Changing in the middle will require you to amend at the interview to include all her info because they ask about current spouses on the form.

Edited November 19, 2014 by Nich-Nick

[DTLVbrit 3]

Just to add to your assurance... You have been freely eligible as a single guy for citizenship since December of 2012. No strings to the former wife. (5 years since first greencard)

You were also eligible in December 2010 because you were still the spouse of the US citizen who petitioned your K1. That would have required marriage proofs with the application to get in on the 3 year rule.

The only reason your former wife will come up now is you have to report your marital history on the form. You also report your addresses and jobs. It is just part of your personal history. They don't care if you are divorced or remarried. I would suggest you marry your new gal before you fill out the application or after your citizenship. Changing in the middle will require you to amend at the interview to include all her info because they ask about current spouses on the form.

Nich-Nick and Merrytooth - thank you both again so much. Your replies really helped me believe everything is ok

And thanks for the further assurance Nich-Nick - the only reason I haven't completed my N400 and sent it off is due to having to move states a couple of times with work. I needed to be a current resident of the area for three months before sending it off. I am now at that point and ready to move forward! Thanks again for helping me out and knowing I am doing things right is a huge help!

[DTLVbrit 3]

Just to add to your assurance... You have been freely eligible as a single guy for citizenship since December of 2012. No strings to the former wife. (5 years since first greencard)

You were also eligible in December 2010 because you were still the spouse of the US citizen who petitioned your K1. That would have required marriage proofs with the application to get in on the 3 year rule.

The only reason your former wife will come up now is you have to report your marital history on the form. You also report your addresses and jobs. It is just part of your personal history. They don't care if you are divorced or remarried. I would suggest you marry your new gal before you fill out the application or after your citizenship. Changing in the middle will require you to amend at the interview to include all her info because they ask about current spouses on the form.

By the way, and this might be a stupid question - but having a 10 year green card (category IF-1) essentially means unconditional green card, right? There was some confusion after a chat with a friend over the past week!

[Nich-Nick 3,354]

By the way, and this might be a stupid question - but having a 10 year green card (category IF-1) essentially means unconditional green card, right? There was some confusion after a chat with a friend over the past week!

Yes, you are a permanent resident. You renew the card every 10 years. You don't have to prove any relationship to your K1 spouse anymore. If you trade up to citizenship, then your permanent resident card will be turned in at the naturalization ceremony.

All permanent residents have some "conditions" like report your address if you move, don't commit serious crimes, file your taxes.... The USCIS has a page talking about maintaining your status http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

[DTLVbrit 3]

Yes, you are a permanent resident. You renew the card every 10 years. You don't have to prove any relationship to your K1 spouse anymore. If you trade up to citizenship, then your permanent resident card will be turned in at the naturalization ceremony.

All permanent residents have some "conditions" like report your address if you move, don't commit serious crimes, file your taxes.... The USCIS has a page talking about maintaining your status http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Thanks again Nich-Nick - I didn't see the reply earlier!

Just to clarify why I was asking - my friend was suggesting that because my 10 year green card has the category IF-1 listed (as in green card received after entering on a k1 and a marriage to a US citizen), it might only be valid if still married. I didn't think this was true as I believe that if the category was still CF-1, like it was on my conditional card years ago, then I would have to do something about it!

I believe that is the right assumption anyway! It seems like you agree.

I also think I need to stop hanging around people who make me worry about these things! haha