Divorce after issuance of a permanent Green Card

E

evo1

New Member
Well, my life is in a bit of a downward spiral and I need some advice:


- I recieved my permanent GC about 2 months ago.
- My US Citizen wife and I were married over 5 years ago.

We have had our ups and downs like any relationship and now are in an extremely stressful situation whereby leading to a seperation. We believe we should both head in different directions before we start to really despise one another and end on a cordial note. I would talk more about the relationship, but this is not a counseling forum, so I will stop.

Question 1: Can I get divorced now? What are the ramifications? The USCIS does not talk about divorce after a permanent green card at all! I am not sure what process I need to follow and if they need to be notified etc. I am afraid this will affect my status. Can anyone help with some advice on this? I even searched the forums and most information I found was related to divorce during conditional status...

Question 2: We own a nice house together, have debts together such as cars, 2 dogs, credit cards etc and think we can reach a settlement on division of assets and liabilites and will not need a lawyer (as of now, atleast) but will find one for just the divorce decree part. Should I get another immigration lawyer as well? I don't want this to be expensive.

Question 3: I need to ask, but feel even guilty asking: Should I apply for my citizenship in June even though we may be getting separated and possibly divorced within the next year? I will be able to apply for the N-400 in July (90 days before 3 years rule).

I am afraid this will null my app. Also, I read that I will have to wait 5 years after the divorce to re-apply, so my GC would still be valid. Any information on this?

I am tempted to go talk to an officer in the local office after making an appt, but feel its too early in the game.

Thank you for your advice, everyone!
 
First of all, I'm sorry for your relationship to come to an end.

Regarding your green card, you're ok. No questions will be asked by USCIS.
You can't apply for citizenship with 3-year rule if you're not currently married with the same USC you obtained your PR through.
I don't know legally if separation means not being married, but to be safe I would just wait another couple of years and apply under the 5-year rule.

Good luck.
 
sarrebal said:
First of all, I'm sorry for your relationship to come to an end.

Regarding your green card, you're ok. No questions will be asked by USCIS.
You can't apply for citizenship with 3-year rule if you're not currently married with the same USC you obtained your PR through.
I don't know legally if separation means not being married, but to be safe I would just wait another couple of years and apply under the 5-year rule.

Good luck.
Click to expand...

Sarrebal - Thank you for the kind words. I suppose its just another hurdle in life one has to learn to overcome. Learning to cope will be the hardest part....

- So, do I even need to notify them that I am getting divorced? If so, how?
- If we seperate and I move out, I will need to provide them with a change of address, wouldnt I?

I agree with your take on my N-400 application. I am just wondering if they will deny me later for some odd reason or if I should pull through and apply ASAP as I would like to become a citizen ASAP.

Its just that - with all our assets and liabilites, I see this process being long and drawn out.

We'll need sell the house off etc (neither can afford to own it separately). We would like to be able to each see each other start a new life comfortably So, we want to pay debts down with tax returns from next year, play the financial game of applying for new mortgages etc so we get favorable rates and then walk away. She is Ok with me applying and still encourages it perhaps feeling guilty as she is the person who wants out - I just don't know if its worth it, thats all.
 
- So, do I even need to notify them that I am getting divorced? If so, how?
Click to expand...
no need to do that
- If we seperate and I move out, I will need to provide them with a change of address, wouldnt I?
Click to expand...
yes, using AR-11

I agree with your take on my N-400 application. I am just wondering if they will deny me later for some odd reason or if I should pull through and apply ASAP as I would like to become a citizen ASAP.

Its just that - with all our assets and liabilites, I see this process being long and drawn out.
We'll need sell the house off etc (neither can afford to own it separately). We would like to be able to each see each other start a new life comfortably So, we want to pay debts down with tax returns from next year, play the financial game of applying for new mortgages etc so we get favorable rates and then walk away. She is Ok with me applying and still encourages it perhaps feeling guilty as she is the person who wants out - I just don't know if its worth it, thats all.
Click to expand...

I personally dont think it would be a problem applyin for a citizenship after 3 years if she's ok with it. I donnow if they would require her to go to the interview with u, but if she's fine with it, then its not a big deal.
On the other hand, u can simply wait an extra 2 years and do it by urslef.
 
Pete023 - Thanks for the response.

I thought they needed to be notified. Thats good news, per say. Also, I guess a change of address doesnt really tell them anything else but my new address.

Well, I talked to a few close friends and there is divided opinion on if I should apply or not: Some say do it, others say don't, still others say use it as leverage for the settlement or it may be used against me as leverage, perhaps. Thats why I am on the fence about doing this.

At this point, we will proceed on addressing issues such as debt, getting the house assessed etc and then take it from there, I suppose!

If anyone has any experience or advice, I would love to hear it. Thanks all!
 
you will still need to be married to her and LIVING together at the time of the test and oath. If you are not, your application will be void. Money not well spent.
 
evo1 said:
Well, my life is in a bit of a downward spiral and I need some advice:


- I recieved my permanent GC about 2 months ago.
- My US Citizen wife and I were married over 5 years ago.

We have had our ups and downs like any relationship and now are in an extremely stressful situation whereby leading to a seperation. We believe we should both head in different directions before we start to really despise one another and end on a cordial note. I would talk more about the relationship, but this is not a counseling forum, so I will stop.

Question 1: Can I get divorced now? What are the ramifications? The USCIS does not talk about divorce after a permanent green card at all! I am not sure what process I need to follow and if they need to be notified etc. I am afraid this will affect my status. Can anyone help with some advice on this? I even searched the forums and most information I found was related to divorce during conditional status...

Question 2: We own a nice house together, have debts together such as cars, 2 dogs, credit cards etc and think we can reach a settlement on division of assets and liabilites and will not need a lawyer (as of now, atleast) but will find one for just the divorce decree part. Should I get another immigration lawyer as well? I don't want this to be expensive.

Question 3: I need to ask, but feel even guilty asking: Should I apply for my citizenship in June even though we may be getting separated and possibly divorced within the next year? I will be able to apply for the N-400 in July (90 days before 3 years rule).

I am afraid this will null my app. Also, I read that I will have to wait 5 years after the divorce to re-apply, so my GC would still be valid. Any information on this?

I am tempted to go talk to an officer in the local office after making an appt, but feel its too early in the game.

Thank you for your advice, everyone!
Click to expand...



Did you have a conditional card before the one you received two months ago? If you just become a resident two months ago (conditional or LPR), you have to wait for three years which means you have to stay married to her for the next three years in order to apply citizenship under the three rule.
 
PraetorianXI - We did explore that option, but her mind is made up as to not to try anymore and nothing will change it, per say!

LucyMO - Thats good to know. Thanks for the information

NewlyMinted - Not sure what LPR is ??? I got my conditional in Sept 2004 after we applied. We re-applied to remove the conditional status well over a year ago and they sent me a letter saying my card has been extended another year and that I will recieve notification in due time. 2 months ago, I recieved a new green card that has no restrictions on it and expires in 2017.
It also states on it that I have been a resident since 2004.

Per N-400, I should have been in continous residency for 3 years and I have been per what it says on the card. I could be misinterpretting the rules, but I didnt think I had to be in permanent status for 3 years before applying? Please correct me if I am wrong.

Thanks all!
 
evo1 said:
PraetorianXI - We did explore that option, but her mind is made up as to not to try anymore and nothing will change it, per say!

LucyMO - Thats good to know. Thanks for the information

NewlyMinted - Not sure what LPR is ??? I got my conditional in Sept 2004 after we applied. We re-applied to remove the conditional status well over a year ago and they sent me a letter saying my card has been extended another year and that I will recieve notification in due time. 2 months ago, I recieved a new green card that has no restrictions on it and expires in 2017.
It also states on it that I have been a resident since 2004.

Per N-400, I should have been in continous residency for 3 years and I have been per what it says on the card. I could be misinterpretting the rules, but I didnt think I had to be in permanent status for 3 years before applying? Please correct me if I am wrong.

Thanks all!
Click to expand...

According to the date on your card, you meet the 3 year requirement if you are married to a USC. One issue still exist. You have to stay married to your current wife until the N-400 process is over. As other posters have said above, if you get a divorce before the whole process is over, you will fail to meet the requirements. You either stay with your wife and apply soon or get a divorce and wait another 2 years to apply.

Reading from your post, it would difficult for you guys stay together. It might be better for you both to part ways. If you guys can work it out that would be great. If you can't, save yourselves some trouble and wait 2 years.
 
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