Divorce then applying for USC on my own after 5yrs.

J

jb90304

Registered Users (C)
I recently received my 10yr GC with my USC spouse's sponsorship. We have been going through rough times and just wanted to weigh my options.

If we end up divorcing and I decide to apply for USC on my own after 5 years of being a US Resident.... would that bring me any issues? In other words, would USCIS try to give me problems because it may look like I married for GC then divorced when I got one? (of course that is not the case in reality). I would ideally like to apply for USC with her sponsorship in less than a year but I don't think I could stand her anymore to be quite honest!

I would appreciate any advises but what I would REALLY appreciate is if any of you have gone through similar situations or know anyone else who has, and not just speculation. Because I can speculate what they might bring up all day but it doesn't mean much unless hearing from someone who has actually been through it. Thanks in advance.
 
If you divorce soon after getting the 10-year card, be prepared for them to scrutinize your marriage again in the citizenship interview. Remember to preserve evidence of your bona fide marriage (including new evidence since filing the I-751) in case they request it.
 
Jackolantern said:
If you divorce soon after getting the 10-year card, be prepared for them to scrutinize your marriage again in the citizenship interview. Remember to preserve evidence of your bona fide marriage (including new evidence since filing the I-751) in case they request it.
Click to expand...

I'm bumping back up an old post here....

What do you mean by "scrutinize' your marriage again in the citizenship interview"?
I'm mostly worried that they would suspect I only married for my 10yr GC then divorced soon after for my sole benefit - and then deny me of USC later on... or worse yet, somehow take away my Residency status. Would it strenghten my case if we go through marriage counseling prior to divorce? I'm only about 2 months away from being eligible for USC now but at this point, we are basically separated. Even if we do get back together, I would not be confident going into the interview at all and even worry that my wife would try to sabatage me.
Other than the crazy issue I have with my wife, I feel like I give them a good reason to grant me USC and see me as someone who will contribute to the US society. I have a college degree and I have a stable full-time job with the local government (Sheriff's Office), and have a squeaky clean background.
 
jb90304 said:
I'm bumping back up an old post here....

What do you mean by "scrutinize' your marriage again in the citizenship interview"?
I'm mostly worried that they would suspect I only married for my 10yr GC then divorced soon after for my sole benefit - and then deny me of USC later on...
Click to expand...

You answered your own question.

If you divorce in the near future, be prepared to prove to the naturalization interviewer that your marriage was bona fide.
 
Jackolantern said:
You answered your own question.

If you divorce in the near future, be prepared to prove to the naturalization interviewer that your marriage was bona fide.
Click to expand...

What is the consequences if they deny me?
I have all the reasons to be confident that I can prove to them a bona fide marriage (because it is and I have sufficient documents to show... as well as photos albums showing a very legitimate wedding with many of her family there), but I can't help to be nervous before making this move of actually divorcing her. I'm tempted to go through marriage counseling to strengthen my case but I'm not even sure if we can stand each other for any little bit more)
 
Also... I'm extremely concerned that my wife will try to report certain members of my family to USCIS upon finding out that I filed for divorce. I understand that ex-spouse's complaints to USCIS are common after a bitter divorce and that most attempts to repeal away any Residency status OF ME would be unlikely; however, some of my family members have neither of those status at the moment and I am concern for them.
The situation is getting worse by day. She is currently staying at her mother's house but I recently found out that she made an USPS address change and taking the seperation thing very seriously. I just want to be the first one to take action of divorce and whatnot.
 
jb90304 said:
What is the consequences if they deny me?
Click to expand...

The consequence would be that you don't become a US citizen, but you'd almost surely keep your green card.

When you're applying for the 2-year card, the 10-year card, and naturalization, for each of those stages the burden of proof is on you to show that you qualify. But after they give you the 10-year card, if they want to revoke it the burden is on them to prove that it was granted by mistake on their part or fraud on your part.
 
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