Impact of divorce on N400 and/or green card renewal?

[caustaxguy 2]

If one has a 10 year non-conditional green card (through IR1) and gets divorced within a year or two of moving to the U.S. Would the divorce have ANY impact on N400 (naturalization) and/or green card renewal?

[Mike E 11,741]

9 minutes ago, caustaxguy said:

Would the divorce have ANY impact on N400 (naturalization) 

It could

[Boiler 45,744]

You have to apply for the N400 after 5 years

[caustaxguy 2]

1 hour ago, Mike E said:

It could

Please elaborate? Are you referring to the 3 year eligibility for N-400? If so, we can discount that. Let us say one applied for N-400 on the five year eligibility.

1 hour ago, Boiler said:

You have to apply for the N400 after 5 years

And then it wont matter when you got divorced (one year after gc or two year after gc etc.)?

[SteveInBostonI130 3,471]

32 minutes ago, caustaxguy said:

Please elaborate? Are you referring to the 3 year eligibility for N-400? If so, we can discount that. Let us say one applied for N-400 on the five year eligibility.

And then it wont matter when you got divorced (one year after gc or two year after gc etc.)?

 

It could.  You may need to prove the marriage was entered in good faith and not just to get a GC.  They would be looking for evidence of a bona fide relationship until the circumstances that lead to divorce.

[Crazy Cat 41,985]

56 minutes ago, caustaxguy said:

Please elaborate? Are you referring to the 3 year eligibility for N-400? If so, we can discount that. Let us say one applied for N-400 on the five year eligibility.

And then it wont matter when you got divorced (one year after gc or two year after gc etc.)?

They will take a look at how you obtained your Green Card, etc.  So, yes, your marriage and divorce could be looked at.

[caustaxguy 2]

1 minute ago, Crazy Cat said:

They will take a look at how you obtained your Green Card, etc.  So, yes, your marriage and divorce could be looked at.

The bonafide of the marriage would be easy to prove. Long time married and living together before immigrating to the U.S. Could divorce within 2 years of moving to the U.S. still be a concern?

[Boiler 45,744]

30 minutes ago, caustaxguy said:

The bonafide of the marriage would be easy to prove. Long time married and living together before immigrating to the U.S. Could divorce within 2 years of moving to the U.S. still be a concern?

It might raise a few questions but not as if there is anything they can say about it, I have seen people divorce soon after getting here and naturalise.

[Mike E 11,741]

6 hours ago, caustaxguy said:

Please elaborate?

Getting divorced within a year of getting a 10 year gc is not a good look. USCIS is free to re-evaluate the original basis for your gc.  
 

Your post history suggest you do not intend to live in U.S. as an LPR. The divorce plus spending 49 percent of your time outside the U.S. is also not a good look either. Are you planning on petitioning a new spouse?

 

[Boiler 45,744]

6 minutes ago, Mike E said:

Getting divorced within a year of getting a 10 year gc is not a good look. USCIS is free to re-evaluate the original basis for your gc.  
 

Your post history suggest you do not intend to live in U.S. as an LPR. The divorce plus spending 49 percent of your time outside the U.S. is also not a good look either. Are you planning on petitioning a new spouse?

 

Duh I missed that connection.

[FriendlyUser 42]

39 minutes ago, Mike E said:

Getting divorced within a year of getting a 10 year gc is not a good look. USCIS is free to re-evaluate the original basis for your gc.  

I agree with Mike E here. I was asked questions during the N-400 interview even about getting separated after seven (7) years of getting a GC through marriage. As far as I understood, those questions were to determine that I entered the marriage truthfully (which I did, they were satisfied with my explanation). So they may look into that. However, as you've been married and living together "long time" before immigrating, not just for 2 years in total, then it should be fine (i.e., they will most likely ask you some questions so that you could clarify your motives etc..) 

This is presumably you spend most of the time in the US. Living in another country 49% of the time will definitely complicate the whole case. 

Edited May 8, 2023 by FriendlyUser