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Citizenship during or after divorce

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  • Citizenship during or after divorce

    Hello,

    I'm hoping to get some advice and input based on the information and life. timeline below.

    I married my husband in February 2013, I received my conditional GC in January 2015 and from memory that converted to the 10 year GC in approximately May/June 2017.

    We have always discussed me becoming a full Citizen and its always been a dream of mine. Now fast forward to today, our relationship has fallen apart and we have begun divorce proceedings.

    At this point, I'm not necessarily in a rush but I'm wondering now if I would still be able to proceed with Naturalization and wondered what the implications would be or if they would differ if I applied now (or whilst our divorce is going through) vs waiting and applying later down the line (not sure how long I should wait or if I should).

    I would really love to hear people with similar circumstances, how long you waited, did you wait, did you run into issues?

    Thank you

  • #2
    Your GC time starts from the day you receive your conditional / first green card. In this case Jan 01,2015 (approx).

    To apply under the 3yr marriage rule:
    - You were eligible on Jan 01, 2017 (you could have filed 90 days before this date).
    - The main requirement would have been that you were still married throughout the citizenship process (till you get your certificate)
    - If you get apply for or get divorced before becoming a citizen, then you need to withdraw the application and apply under the 5yr rule.

    To apply under the 5yr rule
    - You were eligible on Jan 01, 2020 (you could have filed 90 days before this date).
    - Being divorced does not matter. Just make sure you have all the documents of divorce (in case it is asked)
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Originally posted by R78 View Post
      Your GC time starts from the day you receive your conditional / first green card. In this case Jan 01,2015 (approx).

      To apply under the 3yr marriage rule:
      - You were eligible on Jan 01, 2017 (you could have filed 90 days before this date).
      - The main requirement would have been that you were still married throughout the citizenship process (till you get your certificate)
      - If you get apply for or get divorced before becoming a citizen, then you need to withdraw the application and apply under the 5yr rule.

      To apply under the 5yr rule
      - You were eligible on Jan 01, 2020 (you could have filed 90 days before this date).
      - Being divorced does not matter. Just make sure you have all the documents of divorce (in case it is asked)
      Hi,

      Thank you for this information, really appreciate how clear you were

      Now a side question, if I applied let's say in the next month. Divorce forms have gone to courts but will take time to finalize everything. In that case, would I still file as divorced, married, or perhaps separated?

      Thank you again
      K

      Comment


      • #4
        Divorce is not finalized till the court issues the order.
        Opinion only. Cannot be construed as legal advice.

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