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Impact of divorce on Employment Based green card for naturalization

By GreenUS in US Citizenship General Discussion

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GreenUS Rookie

GreenUS   4

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Hello all,

 

First post here as I get ready to begin my naturalization process soon.

 

I am the primary beneficiary of an employer sponsored green card. This is the 10-year green card.

My former spouse got her green card through me, filing together back when we were married.

 

We were married for a total of < 5 years and got divorced a few months ago.

 

Will divorce have an impact on naturalization based on an employment based green card ?

I have seen a lot of posts regarding marriage-based green card, but none on employment based green cards.

 

Is it sufficient to indicate my marital status on the N-400 application and upload my divorce decree with the application?

 

Please advise.

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Family Mentor

Family   3,988

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19 minutes ago, GreenUS said:

Hello all,

 

First post here as I get ready to begin my naturalization process soon.

 

I am the primary beneficiary of an employer sponsored green card. This is the 10-year green card.

My former spouse got her green card through me, filing together back when we were married.

 

We were married for a total of < 5 years and got divorced a few months ago.

 

Will divorce have an impact on naturalization based on an employment based green card ?

I have seen a lot of posts regarding marriage-based green card, but none on employment based green cards.

 

Is it sufficient to indicate my marital status on the N-400 application and upload my divorce decree with the application?

 

Please advise.

Marital status won’t matter, simply needs to be disclosed. You will get a few questions on work  history since LPR status granted through employer….assuming all that was in order and you actually worked for company that sponsored you

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Boiler Grand Master

Boiler   45,501

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No

 

Does it ask for the Divorce Certificate?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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GreenUS Rookie

GreenUS   4

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40 minutes ago, Family said:

Marital status won’t matter, simply needs to be disclosed. You will get a few questions on work  history since LPR status granted through employer….assuming all that was in order and you actually worked for company that sponsored you

Yes. All good on the employment front and I worked with the company that sponsored me for ~3 years after I got the GC from them, several years prior too.

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GreenUS Rookie

GreenUS   4

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40 minutes ago, Boiler said:

No

 

Does it ask for the Divorce Certificate?

In the document checklist, it asks for proof of existing marriage or proof of prior marriages ended, etc.
So i will indicate my marital status and upload the decree with the application I guess.

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randomstairs Community Regular

randomstairs   303

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8 hours ago, Family said:

Marital status won’t matter, simply needs to be disclosed. You will get a few questions on work  history since LPR status granted through employer….assuming all that was in order and you actually worked for company that sponsored you

They rarely ask about work history even with EB cases. You're not required to work for the sponsoring employer at all. There may be a red flag if you quit like 2 weeks after receiving a green card, but that's about it. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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GreenUS Rookie

GreenUS   4

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7 hours ago, randomstairs said:

They rarely ask about work history even with EB cases. You're not required to work for the sponsoring employer at all. There may be a red flag if you quit like 2 weeks after receiving a green card, but that's about it. 

Thank you!
So in my case with nearly 3 years of employment with the sponsoring employer AFTER receiving, there shouldn't be any issues, correct? 

I personally don't know of anyone that's worked with the same employer and the same position for the entire 4 years and 9 months prior to applying for naturalization

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Boiler Grand Master

Boiler   45,501

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There might be questions if you left soon after, I have seen many discussions on that, I have my GC can I leave now.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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