Should i apply for citizenship?

[Steve1986 15]

hi good people,

 

I met my ex-wife in college. We dated for a few years, got married later. She is a US citizen. 

Fast forward a few years, I got my 2 year conditional Green card.

We applied for the 10 year Green card.

In the mean time after this, we were going through a bad patch, found out a few things about my ex- wife, do not want to go into details. 

It did not work out for us. We got a divorce.

 

I got the divorce decree in mail on January 2020.

Right after that, in March 2020, I got my 10 year Green card in mail.

 

Now, I am not sure if I should apply for Citizenship in future? 

 

What do the experts/lawyers think.

When I apply for citizenship, they will look at my application and question about the 10 year green card.

I got it after I got the divorce decree, so technically I was supposed to report that I got divorced?

I did not because some of my friends suggested to wait.

 

1. I can either never apply for Citizenship again

OR

2. Keep extending my 10 year green card.

 

Green card expires in 2030.

 

regards

Mark

[M@K12 112]

Deleting as incorrect advise.

Edited March 4, 2022 by M@K12
Incorrect advise

[Rocio0010 5,631]

11 minutes ago, Steve1986 said:

I got the divorce decree in mail on January 2020.

Right after that, in March 2020, I got my 10 year Green card in mail.

You should have sent the divorce decree in February, prior to approval. Why didn't you do it?

 

12 minutes ago, Steve1986 said:

I got it after I got the divorce decree, so technically I was supposed to report that I got divorced?

Of course you were!!! You filed a joint i-751, you should have switched to a divorce waiver.

14 minutes ago, Steve1986 said:

I did not because some of my friends suggested to wait

... for what?

 

I get that you did not have an interview, but what you should have done is to return that GC as soon as you received it, with a letter explaining the situation, and file again solo with a divorce waiver.

 

I would definitely consult with an attorney now. Not a DIY anymore.

[Rocio0010 5,631]

2 minutes ago, M@K12 said:

You can apply for Citizenship when your first green card (Conditional green card) will complete 5 years as you are no longer in marriage. You can apply for Citizenship after 4 year and 9 months. (90 days before 5th anniversary, you will be eligible)

 

 

Incorrect. It' not going to be that easy. He had the divorce decree prior to his 10 year GC approval, which means that he should have switched to a divorce waiver. If he applies for citizenship before clearing that situation first he might be in trouble.

[M@K12 112]

2 minutes ago, Rocio0010 said:

Incorrect. It' not going to be that easy. He had the divorce decree prior to his 10 year GC approval, which means that he should have switched to a divorce waiver. If he applies for citizenship before clearing that situation first he might be in trouble.

Thank you for correcting me. I missed out on point that He got decree before receiving Green Card. 

[Steve1986 15]

True that, i will have to consult an attorney on what to do here.

Not a DIY anymore.  

[Rocio0010 5,631]

1 minute ago, M@K12 said:

Thank you for correcting me. I missed out on point that He got decree before receiving Green Card. 

I mean, technically you're right. He can apply for citizenship after five years of initial GC approval. However, failure to inform USCIS of his divorce in a timely manner prior to approval is definitely going to be red- flagged.

[Rocio0010 5,631]

Just to add that you need to clear this situation if you want to sponsor somebody else in the future, too.

[Steve1986 15]

8 minutes ago, Rocio0010 said:

Just to add that you need to clear this situation if you want to sponsor somebody else in the future, too.

Thanks ! 

makes sense

[African Zealot 1,456]

I think you already know the answer. Your removal of conditions was based on a wrong premise, ie joint filing. That makes it voidable which would then make you undocumented.

 

Of course USCIS has the discretion whether to pursue voiding your approval. 
 

A competent immigration attorney will advise you which way to go. Personally I would advise you go through with whatever painful correction of your paperwork required to allow you to be eligible for citizenship. The day might come when permanent residency is not enough to be safe in this country.

[SalishSea 18,125]

10 hours ago, Steve1986 said:

True that, i will have to consult an attorney on what to do here.

Not a DIY anymore.  

Yup, you're on a fast track to a misrep.  I'd focus on getting that sorted before even looking at citizenship.   People can be denaturalized if later it is discovered that they were not eligible after all.