Citizenship and potential divorce

[Jaxxee 0]

So my American husband is an alcoholic and we have 2 little children. It's not looking good for us right now. He might even go to jail by the end of the year for his 4th dui in 3years. If he does go away which could be for up to a year, I don't know if I can handle being married to him anymore. The children are becoming more and more aware of his drinking and his horrible behavior when he is drinking.

I am on a 10 year greencard which I looked in my notes and says it was 'ordered' on June 15th 2012. My actual greencard says I have been a 'resident' since 2009. What does the 5 year minimum go by? Does the conditional 2yr greencard, count at all? How does that work. I wonder if I should apply for citizenship now or can I wait? What happens to that if we do file for divorce? Thanks.

[BigDaddy28 228]

Yes your are a resident the day you got your 2 year green card. You can go ahead and apply for citizenship. Good luck

[apple21 953]

You qualify based on the 5 year residency rule. Divorce will not affect it.

Divorce may only affect those applying based on the 3 year rule coz that is marriage dependent.

[Udella&Wiz 325]

Agree with posters above - you can apply for citizenship under the 5 yrs of residency rule, a divorce will not affect your ability to obtain citizenship. Presumably you got married in good faith back then.

[Jaxxee 0]

Thanks for clarifying the 5 year rule for me.

BTW to the above poster, we wouldn't have gotten married over 6 years and had two children if our marriage wasn't in good faith. Go back and look at the timeline.