Impact of divorce on N-400 process {Employment Based GC}

[EngineerMan]

Hi all,

I have an employment based green card (Primary beneficiary).

I am going through a divorce process in my home country, where the marriage took place.

Does this have any impact on my N-400 process at all?

Please advise and share your feedback

[newacct]

If you are naturalizing based on the 3-year rule (i.e. permanent resident for 3 years, married to US citizen for 3 years), if the divorce is final before you naturalize, you are no longer to naturalize based on the 3-year rule. (But a separation does not by itself affect naturalization, as long as you were living in marital union up until you filed N-400.)

If you are naturalizing based on the 5-year rule, there should be no effect.

[Mike E]

Hi all,

I have an employment based green card (Primary beneficiary).

I am going through a divorce process in my home country, where the marriage took place.

Does this have any impact on my N-400 process at all?

Please advise and share your feedback

Where does each spouse reside?

[DustinFerreira]

If you are naturalizing based on the 3-year rule (i.e. permanent resident for 3 years, married to US citizen for 3 years), if the divorce is final before you naturalize, you are no longer to naturalize based on the 3-year rule. (But a separation does not by itself affect naturalization, as long as you were living in marital union up until you filed N-400.)

If you are naturalizing based on the 5-year rule, there should be no effect.

A very information you have shared so far. Very helpful. Thank you!

[EngineerMan]

Where does each spouse reside?

Both spouses residing in the US.

[EngineerMan]

If you are naturalizing based on the 3-year rule (i.e. permanent resident for 3 years, married to US citizen for 3 years), if the divorce is final before you naturalize, you are no longer to naturalize based on the 3-year rule. (But a separation does not by itself affect naturalization, as long as you were living in marital union up until you filed N-400.)

If you are naturalizing based on the 5-year rule, there should be no effect.

Thanks for the update. Here is some additional information.

I received my permanent residency through my employer, making me the primary beneficiary.
My spouse received permanent residency through me as a secondary beneficiary.

I will be filing for my naturalization based on the 5-year rule, since my employment based green card does not provide a path to naturalize in 3Y anyway.
Does the divorce impact my naturalization at all?

[newacct]

since my employment based green card does not provide a path to naturalize in 3Y anyway.

The 3-year rule does not care about how you got your green card.

Does the divorce impact my naturalization at all?

no

[Mike E]

Both spouses residing in the US.

Then the divorce must be filed in the U.S. The U.S. will not recognize a divorce between two U.S. residents that takes place in a foreign country.