10 year green card, citizenship, divorce

[Don19423 0]

Hello. I've always gotten great advice from this forum. This is my situation.

Currently I'm my 10 year green card, had conditions removed. I'm past the three years my green was valid since 09-2013. Which means I'm elible for early citezship. My marriage is basically over. My wife cheated on me. My life is here now, my job is here, my future is here. Me and my wife married for love just to clarify.

My concerns are:

If I file for citezship does my wife play a part? Is there an interview or will she need to do anything? Can I just send off for it and be done with it.

If we divorce, what are the chances of getting citezship after?

If we divorce can I wait till 2023 (when green card is up) then apply maybe I might be married again.

What would u do, what advice can I you give.

Thanks,

[aleful 1,905]

hi

if you file for the 3 year rule, of course you wife plays a part, you must remain married and show that your marriage is bona fide, you will need to take evidence to the interview/test and they will ask about your marriage and co mingling of finances, just like you did when removing conditions

if you divorce, you will need to apply having 5 years of being a resident. you can file after that whenever you want to

citizenship is an option, there are those who never have filed for citizenship, they have only renewed the GC every 10 years before it expires

if it is over, you can divorce and in the future if you want to, file for citizenship having at least 5 years of residency

Edited December 17, 2016 by aleful

[Don19423 0]

hi

if you file for the 3 year rule, of course you wife plays a part, you must remain married and show that your marriage is bona fide, you will need to take evidence to the interview/test and they will ask about your marriage and co mingling of finances, just like you did when removing conditions

if you divorce, you will need to apply having 5 years of being a resident. you can file after that whenever you want to

citizenship is an option, there are those who never have filed for citizenship, they have only renewed the GC every 10 years before it expires

if it is over, you can divorce and in the future if you want to, file for citizenship having at least 5 years of residency

*** so the interview will be and my wife? I know about the test. We live together right now and have proof for the past three years. If she decides to help me is the paper work enough. Or will they sit us down together and interview?

So I do not have to be married to the same person or at all and in five years from original date, the divorce wont count against it?

Again with the 10 year, I could see out the remaining 7 years divorced when it comes to applying there won't be issues?

[Don19423 0]

hi

if you file for the 3 year rule, of course you wife plays a part, you must remain married and show that your marriage is bona fide, you will need to take evidence to the interview/test and they will ask about your marriage and co mingling of finances, just like you did when removing conditions

if you divorce, you will need to apply having 5 years of being a resident. you can file after that whenever you want to

citizenship is an option, there are those who never have filed for citizenship, they have only renewed the GC every 10 years before it expires

if it is over, you can divorce and in the future if you want to, file for citizenship having at least 5 years of residency

*** so the interview will be and my wife? I know about the test. We live together right now and have proof for the past three years. If she decides to help me is the paper work enough. Or will they sit us down together and interview?

So I do not have to be married to the same person or at all and in five years from original date, the divorce wont count against it?

Again with the 10 year, I could see out the remaining 7 years divorced when it comes to applying there won't be issues?

My obvious concerns are staying after a divorce, again my life is here, I'm a teacher, I have wonderful friends. This is where my home is now.

What would you do. I always like asking that question

[aaron2020 11,651]

You can only file under the 3 years rule if you have an ongoing bona fide marriage until you take the oath. Since your marriage has broken down, you can not file under the 3 years rule.

In 2018, you can file under the 5 years rule and your ex-wife (by then) will not be a part of it.

Divorce does not affect your chances of citizenship in a future application.

You can stay a green card holder for your entire life. If you want US citizenship, then you would be eligible in 2018 and afterwards.

[aleful 1,905]

hi

no, she won't be at the interview, but you still need to remain married, even to the Oath ceremony, they will ask you if you are still married

you have to prove that you are still married for the 3 year rule, it is a privilege for those only married to a USC

if you divorce at any point, you can't go on and you must withdraw the petition, and re file when you have 5 years of being a LPR

[Don19423 0]

Thank you this has been so helpful. I think the plan will be appy in 2018 (5years). Just so I'm ready for that, when that time comes and I apply, will they want to know about the divorce. Will they want evidence that my soon to be divorced marriage was bona fide. Basically will I need to save evidence?

[aleful 1,905]

hi

they might ask you about it but you don't need to show proof of bona fide marriage

[Don19423 0]

hi

no, she won't be at the interview, but you still need to remain married, even to the Oath ceremony, they will ask you if you are still married

you have to prove that you are still married for the 3 year rule, it is a privilege for those only married to a USC

if you divorce at any point, you can't go on and you must withdraw the petition, and re file when you have 5 years of being a LPR

Just trying to get as much info as possible. What if we are still married and we are working on our relationship during the ceremony period?

[aaron2020 11,651]

*** so the interview will be and my wife? No. Filing under the 5 years rule has nothing to do with your wife or ex-wife. There is no marriage requirement under the 5 years rule. I know about the test. We live together right now and have proof for the past three years. If she decides to help me is the paper work enough. Or will they sit us down together and interview? No. She is not a part of the US citizenship process under the 5 years rule.

So I do not have to be married to the same person or at all and in five years from original date, the divorce wont count against it? There is no marriage requirement under the 5 years rule.

Again with the 10 year, I could see out the remaining 7 years divorced when it comes to applying there won't be issues? No. You still need to wait another 2 years to file under the 5 years rule. Your marital status is irrelevant.

My obvious concerns are staying after a divorce, again my life is here, I'm a teacher, I have wonderful friends. This is where my home is now. USCIS does not care. None of this relevant for the citizenship process.

What would you do. I always like asking that question Divorce and file under the 5 years rule.

Just trying to get as much info as possible. What if we are still married and we are working on our relationship during the ceremony period?

As long as you can prove that you have an ongoing marriage.

Thank you this has been so helpful. I think the plan will be appy in 2018 (5years). Just so I'm ready for that, when that time comes and I apply, will they want to know about the divorce. Will they want evidence that my soon to be divorced marriage was bona fide. Basically will I need to save evidence?

It would be a smart idea to keep evidence of your marriage just in case you need it.

Edited December 17, 2016 by aaron2020