My soon to be wife was once married to USC. They divorced they were unhappy together. She divorced him while processing to become USC herself. Her citizenship was granted. If we get married and she files for me, is there a reason for concern from immigration officer?
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GreenCard through naturalized citizen
- Thread starter kimble
- Start date
Al Southner
Registered Users (C)
Her citizen is going to be revoked by USCIS. Based on your own post, she divorced him while she was in the process of procuring her citizenship. However, all of what I just said can be null and void under one condition, she applied for her citizenship under a 5 year rule, NOT 3 year rule. If her naturalization was based on marriage to a US citizen, which is 3 year rule, then the law requires that she be married and living with the same US citizen until she is sworn-in as a US citizen.
Let us use this scenario: Your soon to be wife, married her ex-husband on Jan 1, 2006 and her green card was approved on June 1, 2006. While her naturalization application was going through the system (she applied on Jan 5, 2009), she filed for divorce on July 1, 2009 and had her naturalization interview was on July 2nd, 2009. On the day she filed a divorce and her husband was served of those papers, she was required by law to notify USCIS on her change in marital status during her naturalization interview. Let us say she was sworn-in as a US citizen on August 1, 2009, she committed multiple perjuries as she needed to indicate on the Form N445 of change in her marital status. Assuming USCIS never found this during the latter part of her naturalization process, this will be time for them to find out and it won't be pretty for her and you. She will be required to attach her divorce decree to the forms filed, because she will indicate she is divorced.
Let us use this scenario: Your soon to be wife, married her ex-husband on Jan 1, 2006 and her green card was approved on June 1, 2006. While her naturalization application was going through the system (she applied on Jan 5, 2009), she filed for divorce on July 1, 2009 and had her naturalization interview was on July 2nd, 2009. On the day she filed a divorce and her husband was served of those papers, she was required by law to notify USCIS on her change in marital status during her naturalization interview. Let us say she was sworn-in as a US citizen on August 1, 2009, she committed multiple perjuries as she needed to indicate on the Form N445 of change in her marital status. Assuming USCIS never found this during the latter part of her naturalization process, this will be time for them to find out and it won't be pretty for her and you. She will be required to attach her divorce decree to the forms filed, because she will indicate she is divorced.
Jackolantern
Registered Users (C)
Did she apply for citizenship based on the 3 year rule, or the regular 5 year rule, or some other rule?
If she got citizenship based on the 3-year rule, and then she sponsors you for a green card, USCIS will find out about when her divorce occurred, and may revoke her citizenship.
If she got citizenship based on the 3-year rule, and then she sponsors you for a green card, USCIS will find out about when her divorce occurred, and may revoke her citizenship.
Jackolantern
Registered Users (C)
Another thing: does the 3 year rule start when you get 2 year conditional green card or when you get 10 year green card?
It starts with the conditional card, as far as continuous residence is concerned.
Divorce or a pending divorce or legal separation during the naturalization process would disqualify the applicant from eligibility under the 3 year rule.
Last edited by a moderator:
Green Card Through Naturalized Citizen
Here are some of the facts:
She was married on July 2002 and ceased to live together as husband and wife in March 2007 ( according to Divorce Decree).
Got her conditional card on 6/04 and expired on 6/06. She got her 10yr GC immediately thereafter.
Filed for divorce 3/2008. Hearing for the divorce was held on 5/2008 and divorce was granted.
Got her citizenship on 12/09.
Any problems?
Here are some of the facts:
She was married on July 2002 and ceased to live together as husband and wife in March 2007 ( according to Divorce Decree).
Got her conditional card on 6/04 and expired on 6/06. She got her 10yr GC immediately thereafter.
Filed for divorce 3/2008. Hearing for the divorce was held on 5/2008 and divorce was granted.
Got her citizenship on 12/09.
Any problems?
TheRealCanadian
Volunteer Moderator
No problems.
Jackolantern
Registered Users (C)
Here are some of the facts:
She was married on July 2002 and ceased to live together as husband and wife in March 2007 ( according to Divorce Decree).
Got her conditional card on 6/04 and expired on 6/06. She got her 10yr GC immediately thereafter.
Filed for divorce 3/2008. Hearing for the divorce was held on 5/2008 and divorce was granted.
Got her citizenship on 12/09.
Any problems?
There would be a problem if she applied with the 3 year rule and didn't tell the interviewer about the separation and divorce. But based on the timelines, I presume she applied with the 5 year rule (ask her to make sure), and thus the divorce wouldn't matter.
Al Southner
Registered Users (C)
Here are some of the facts:
She was married on July 2002 and ceased to live together as husband and wife in March 2007 ( according to Divorce Decree).
Got her conditional card on 6/04 and expired on 6/06. She got her 10yr GC immediately thereafter.
Filed for divorce 3/2008. Hearing for the divorce was held on 5/2008 and divorce was granted.
Got her citizenship on 12/09.
Any problems?
No problems there and enjoy your soon-to-be wife. She should not encounter any problems.