Divorce after 5.5 years - Application for Citizenship

[peter12 0]

I hope I can get some advice here on the change of my immigration status after a divorce (we were married 5.5 years) and the likelihood to receive citizenship.

I entered the country with a finance visa. My wife and I were dating for 4 years prior to getting married (I studied in the US).

I got my green card on October 2010 and it got extended after two years. It is now valid until August 2023. So I have it a little bit over 5 years now. For various reasons, we are getting divorce in the next months.

1. Does anything changes to my current immigration status after the divorce?

2. I am still planning to spend my future in the U.S.. Will I be able to get citizenship after the divorce without problems?

My marriage was real and I have tons of documentations that proofs it if it is necessary to show to the authorities (joint accounts for 5 years, joint lease, joint bills, pictures, testimonials). If I need to collect anything else specific that would help for my future application, please advise.

All the things in the other forum topics are questions around marriages that ended shortly after the weeding which are always a little bit suspicious. So I wanted to get some opinions on my case.

Any advice is much appreciated.

Peter

[TBoneTX 46,841]

Welcome to the forum.

1. No; just submit the form for change(s) of address, if applicable.

2. Barring complicating factors like criminal convictions, yes.

[Moderator hat on]

Moving thread from Effects of Major Changes forum to the US Citizenship main forum, where processes and procedures can be explained.

[Penguin_ie 5,999]

You have already had the greencard for over 5 years, and be married over 5 years, thus your marriage status no longer matters, you can naturalise any time you choose (baring issues like T-Bone mentions, or having spent too long outside the country for now).

[_Paul&Jesica_ 70]

As you are a 10 yr permanent resident, divorce won't have any impact on you.

[peter12 0]

Thanks all for the fast responses!

That takes some anxiety out of my difficult time right now. I still had some follow up questions....

In other forums I read I need to have the green card for 5 years and 90 days. I got married in June 2010 and got my green card on October 25th 2010, thus I am missing a months. My wife and I are planning to fill the papers for the divorce after Christmas, in the beginning of January. I could talk to my wife and delay it a few weeks if this is necessary. We still talk and try to end our marriage in a civilized and most respectful way, but I rather end it sooner then later.

Can someone maybe post a link to the USCIS information that states the 5 years mark that all of you mentioned above? I couldn't find it.

When I apply for citizenship, do they ask if I am married or divorced? Based on your comments, I don't need to submit any papers that proof my marriage was real. But I am reading other mixed reviews about this again where people had interviews even after five years and needed to submit proof when going through naturalization and citizenship application. Again, not a problem for me, just want to make sure I know what information I need and collect it now.

It also shouldn't matter who filled the divorce papers first, correct?

I just want to make sure I am not missing anything. Thank you!

[Penguin_ie 5,999]

It's the other way around- you can file 90 days BEFORE the 5 year mark (as USCIS recognises bureaucracy takes time, and it usually takes them more than 3 months to process the file and get you scheduled for the oath ceremony anyways). Thus, you can get divorced today and apply for citizenship tomorrow and it wil not matter.

[peter12 0]

Hi all,

Brief follow up question. When I get divorced, do I have to inform the USCIS about it? If so, is there a form I have to fill out and send to them?

Thanks,

Peter

[BigDaddy28 228]

Hi all,

Brief follow up question. When I get divorced, do I have to inform the USCIS about it? If so, is there a form I have to fill out and send to them?

Thanks,

Peter

No you don't have to

Edited December 27, 2015 by silkafi88

[Ms Hogan 295]

As you are a 10 yr permanent resident, divorce won't have any impact on you.

This is a bit misleading as it is not the 10 year green card being in-hand that is going to make the difference for OP. It is the fact that he has been here for over 5 years already. His divorce would only impact anything if he had not yet been here for the length of time necessary to apply without being married to a USC.

[Shelly11 14]

Nothing to worry about. I was in the same situation. I got married, I loved him and we had a daughter. But things just didn't work. He was a different man from the one I married so I divorced him. Worse, I has to remove my conditions via a divorce wavier. That was a small hell, it took a small forever but hey. So you are already better off that I was

I applied for citizenship under the 5 year rule July last year. My marraige was never even brought up and I am taking my oath this month.

You will be just fine. Just apply under the 5 year rule, make sure you always pay your taxes and stay away from trouble

You do not have to inform USCIS of your divorce in the sense that you have to call and report it. However, during the N400 process, you will have to indicate your marital status. Also when you get the oath letter, they will need to report any changes since your N400 interview.