Divorce after getting 10 year GC and before naturalization

[aperson 44]

Hi all,

I am asking for my aunt who is in a bit of situation in her personal life right now. 

 

So my aunt is married to my uncle who is a US citizen and has already gotten her 10-year GC through marriage. Now their marriage is having problems and the pandemic took a toll on their marriage. They are in couples therapy that doesn't seem to help. She thinks there's a good chance they are going towards divorce. My aunt told me when they were arguing once, my uncle told her that she got GC because of him and she should be grateful. Now, she is worried that if god forbid they get divorced later, he will report her to immigration and claim she used him. She is also worried that maybe in the future when she apply for citizenship (not now, because she doesn't want to naturalize for now), the divorces might be a problem.

 

Any advice on that? How should she look at this situation? Her marriage has problems but there's no bad things like abuse, violence or anything near that.

 

 

[Crazy Cat 41,888]

The uncle has no control over her immigration status......That is a typical idle threat with no teeth.  He is years too late try that stuff.  He would be admitting that he committed fraud, imo.

Edited February 17, 2021 by Lucky Cat

[pablo2752 106]

No, once she gets her green card, he has no power to "take it away" or "report to USCIS" unless there is a solid evidence of crimes that she committed that would render her inadmissible.

How long was she married? I assume they went through the removal of condition?

[mushroomspore 3,044]

40 minutes ago, aperson said:

Hi all,

I am asking for my aunt who is in a bit of situation in her personal life right now. 

 

So my aunt is married to my uncle who is a US citizen and has already gotten her 10-year GC through marriage. Now their marriage is having problems and the pandemic took a toll on their marriage. They are in couples therapy that doesn't seem to help. She thinks there's a good chance they are going towards divorce. My aunt told me when they were arguing once, my uncle told her that she got GC because of him and she should be grateful. Now, she is worried that if god forbid they get divorced later, he will report her to immigration and claim she used him. She is also worried that maybe in the future when she apply for citizenship (not now, because she doesn't want to naturalize for now), the divorces might be a problem.

 

Any advice on that? How should she look at this situation? Her marriage has problems but there's no bad things like abuse, violence or anything near that.

 

 

Lol your uncle would need to provide hard material evidence to USCIS that he was "used". The only way that divorce matters for naturalization is that your aunt can only apply for naturalization under the 5 year rule, not the 3 year rule.

Edited February 18, 2021 by mushroomspore

[aperson 44]

9 minutes ago, pablo2752 said:

No, once she gets her green card, he has no power to "take it away" or "report to USCIS" unless there is a solid evidence of crimes that she committed that would render her inadmissible.

How long was she married? I assume they went through the removal of condition?

Yes she did. They’ve been together for 6 years and married 3 years. And yes I think they went through the condition removing process.

[Crazy Cat 41,888]

46 minutes ago, aperson said:

Yes she did. They’ve been together for 6 years and married 3 years. And yes I think they went through the condition removing process.

OK.  Unless he has some very solid proof, she has nothing to worry about.  This sounds scorned spouse talking.

[aperson 44]

Just now, Lucky Cat said:

OK.  Unless he has some very solid proof, she has nothing to worry about.  This sounds scorned spouse talking.

Thanks so much. I will let her know.

[pablo2752 106]

Then nothing to worry about. 

But do tell her to take proofs of divorce to N400 naturalization. 

[Mollie09 1,543]

15 hours ago, aperson said:

My aunt told me when they were arguing once, my uncle told her that she got GC because of him and she should be grateful. Now, she is worried that if god forbid they get divorced later, he will report her to immigration and claim she used him. She is also worried that maybe in the future when she apply for citizenship (not now, because she doesn't want to naturalize for now), the divorces might be a problem.

My ex husband also told me that I only got my GC because of him and I "should be grateful". We divorced before ROC and I've since naturalized, and I don't know if he tried to derail that but if he did, it didn't work.

 

Your aunt will be fine.

Edited February 18, 2021 by Mollie09

[aperson 44]

2 minutes ago, Mollie09 said:

My ex husband also told me that I only got my GC because of him and I "should be grateful". We divorced before ROC and I've since naturalized, and I don't know if he tried to derail that but if he did, it didn't work.

 

Your aunt will be fine.

Thanks so much for sharing. Did divorce come up in your naturalization interview?

[Mollie09 1,543]

Just now, aperson said:

Thanks so much for sharing. Did divorce come up in your naturalization interview?

The interviewer asked if I was still married to my petitioner, I said no, he moved on. I had my marriage/divorce/marriage certificate (I've since remarried) and that was the end of that.

[aperson 44]

2 minutes ago, Mollie09 said:

The interviewer asked if I was still married to my petitioner, I said no, he moved on. I had my marriage/divorce/marriage certificate (I've since remarried) and that was the end of that.

Thanks!