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Hello, I got my conditional GC in March 2015 after marrying US citizen. This month I received 10 years GC. Our marriage has been a roller coaster ride and we are thinking of getting divorce. If I get divorce I won't qualify to apply for Citizenship in 2018 but will have to wait until 2020. Now in 2020 will there be any problem because my GC is marriage based ?
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The immigration officers who handle naturalization cases are typically very welcoming, jovial and do not intend to rain on your parade. For most people, naturalization is a new beginning and they're all for it. You even get to change your name without having to explain anything to anyone.
The officer may confirm that you were married but he/she may not. You can always say that you missed the 3 year deadline and figured you had to wait till your 5th year as a permanent resident. It will never go that far. You are meeting a naturalization officer. You got your 10 year green card and that case is closed.
If you take the 3-year route then,
Evidence that you and your spouse have lived in marital union for at least 3 years at the time you file your
Form N-400. Such evidence may include:
(a) Joint bank and credit card statements;
(b) Leases or mortgages;
(c) Birth certificates of children;
(d) Insurance policies; and
(e) Internal Revenue Service (IRS)-certified copies of the income tax forms that you and your spouse filed for
the past 3 years (or an IRS tax return transcript for the last 3 years).
Best of luck! -
As long as you receive your green card legitimately (meaning no **** documents, all data are consistent, or they do not suspect you of entering the marriage initially just for the Green Card - that or your US citizen spouse should have not been able to sponsor you in the first place [like your spouse was not properly divorce prior to marrying you etc]), then you can always apply for citizenship 5 years (minus a couple of months) after the 1st day becoming permanent resident.Comment
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He has the 10 year GC already. His case is closed. Even if he divorces her, when he applies 90 days before his 5th year anniversary as a permanent resident, no one will ask him anything. The naturalization officer won't even have any of the documentation he submitted for his initial green card application and then for the I-751 to remove conditions.Originally posted by abumiqdad View PostComment
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I beg to differ. USCIS will re-review the GC status - and this is where some people who for example - forgot to include child in the initial application, or previous marriages etc might make mistakes and reveal that fact - and this is where they will catch those people (as they should have not been eligible for the GC in the first place).Originally posted by UScitizenFilingforspouse View PostComment
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Indeed, they will review the grant of permanent residency while adjudicating a naturalization application. They are trained to do so https://www.uscis.gov/policymanual/H...-Chapter2.htmlThat said, I don't think OP should stress about it - their marriage was entered in good faith, despite the subsequent breakdown of the marriageAn applicant is not lawfully admitted for permanent residence in accordance with all applicable provisions of the Immigration and Nationality Act (INA) if his or her lawful permanent resident (LPR) status was obtained by mistake or fraud, or if the admission was otherwise not in compliance with the law.
In determining an applicant’s eligibility for naturalization, USCIS must determine whether the LPR status was lawfully obtained, not just whether the applicant is in possession of a Permanent Resident Card (PRC). If the status was not lawfully obtained for any reason, the applicant is not lawfully admitted for permanent residence in accordance with all applicable provisions of the INA, and is ineligible for naturalization even though the applicant possesses a PRC.Last edited by inadmissible; 01-08-2018, 01:32 PM.Comment
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