Must Prove Divorce if Applying Under 5-Year Status? [split topic]

[Becs 1]

Hello, 

If someone can help me with this inquiry I will gladly appreciate it. I have been a permanent resident for 5+ years now, basically elegible to apply for the US citizenship, I am also physically separated from my spouse but not yet divorced. I understand that I can apply under the 5+ year permanent residency law but I am afraid that I will have to prove the end of my marriage. Does someone know if this is required?

[OldUser 6,602]

8 minutes ago, Becs said:

I understand that I can apply under the 5+ year permanent residency law but I am afraid that I will have to prove the end of my marriage. Does someone know if this is required?

You will have to present both marriage and divorce certificates. You may need to answer a few questions about marriage.

 

You may have a chance of issue if you previously had a joint I-751 and it was approved after you divorced / separated.

 

Otherwise you should be good. Usually N-400 under 5 year rule does not require the bonafide marriage proof as for I-130/I-485, I-751 or N-400 under 3 year rule.

[Becs 1]

Thank you for your quick response. I received my 10 year Permanent Resident Card on May 24th, 2021, my spouse left on June 2020.  Do you think it is a good idea to submit my application for the US citizenship although I am not divorced yet?

 

 

[OldUser 6,602]

5 minutes ago, Becs said:

I received my 10 year Permanent Resident Card on May 24th, 2021, my spouse left on June 2020.  Do you think it is a good idea to submit my application for the US citizenship although I am not divorced yet?

There is a risk your N-400 could be denied AND you could lose green card because I-751 was adjudicated incorrectly.

 

You should have divorced in 2020 and submitted divorce waiver for you I-751 application before it was decided on.

 

I think it's worth seeing a good immigration lawyer to seek advice. You are in a potentially difficult situation.

[TBoneTX 45,244]

The above posts were split from an unrelated thread.

[Mike E 11,739]

On 11/28/2022 at 9:34 AM, Becs said:

Thank you for your quick response. I received my 10 year Permanent Resident Card on May 24th, 2021, my spouse left on June 2020.  Do you think it is a good idea to submit my application for the US citizenship although I am not divorced yet?

 

 

1. When did you file I-751?

 

2. When did your spouse move out of your residence? 
 

3. When was your divorce filed?

 

4. Did your spouse file I-865 after moving?

 

 

[Rocio0010 5,579]

I believe I have read all your posts..

So, you filed a joint 751, you separated (not divorced), USCIS was not made aware of the separation, and they approved a joint application.

 

Now you are thinking of applying for N400.

 

 

If this is the case, do not file without talking to an immigration attorney first. And shop around for attorneys. Stay clear of any attorney telling you that it's all good and making it look like a ride in the park.