10 yrs GC, divorced, can still apply for citizenship?

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macboss

Registered Users (C)
Hi,

A friend of mine has got 10 years Green Card (Permanent) from marriage. She divorced with her husband (he cheated on her) a few months after that. She asked me if she still could apply for the citizenship now. It has been almost half a year since the divorce happened. Could someone help her?

Thanks,
 
If she has the 10-year GC - her divorce has no effect on her citizenship application. She can apply for naturalization given all other requirements are met.
 
macboss said:
A friend of mine has got 10 years Green Card (Permanent) from marriage. She divorced with her husband (he cheated on her) a few months after that. She asked me if she still could apply for the citizenship now.
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Because of the divorce she can't apply with the 3 year rule, but she can apply with the regular 5 year rule, assuming all other requirements are met (physical presence, good moral character, etc.).
 
Thanks for the replies.

Does the 5 years start from the day she first got her Green Card or the day she entered the US?

Would there be any problem from the immigration given that she just recently got her 10 years GC then divorced?

Thanks again
 
5-year permanent residency is just one of the requirements - and yes, you count the residency beginning on the "resident since" date on her green card.

I don't think there will be any issues since she has the unconditional card.
 
macboss said:
Does the 5 years start from the day she first got her Green Card or the day she entered the US?
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The first day she entered the US with an immigrant visa, if she got her green card by that route. Otherwise, if she was inside the US and did adjustment of status, it would be the AOS approval date.

In either case, the relevant date is normally given by the "resident since" date on the green card. However, sometimes that date is wrong based on the sequence of events (e.g. suppose the resident since date is before the interview), in which case you have to use other information to figure out the correct date.

Would there be any problem from the immigration given that she just recently got her 10 years GC then divorced?
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The interviewer may become suspicious of the marriage, depending on when the divorce filing occurred relative to the filing of the I-751. Did she file for divorce before filing the I-751? If it was after, how long after?
 
Thanks VisaNutz.

Do you have any link with more info about this?

How long would it normally take on average from the date of citizenship submission till the date of acquiring citizenship?

Thanks,
 
It varies by processing location. Family member who recently completed process had 1 1/2 years wait from filing to oath.

It takes as long as it takes. What is the rush and big concern? Is she planning on filing for someone else's immigrant petition? There is no reason to get overly concerned about the processing time once the papers are filed; it is a case of the "watched pot".
 
Jackolantern said:
The interviewer may become suspicious of the marriage, depending on when the divorce filing occurred relative to the filing of the I-751. Did she file for divorce before filing the I-751? If it was after, how long after?
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Is I-751 the form to remove the condition of Residence? (from 2 yrs GC to 10 yrs GC?). If so, I guess yes. I think she filed for the divorce after filing I-751. It was a real marriage so no problem here but there may be hold up in the process because of this? She wants to know what to expect. Thanks
 
@Concerned4us: she wants to move back to her country asap for a few years to get away from what is going on with her life. She told me there is some restriction of leaving the US while holding green card.

thanks @Jackolantern
 
Yes, I-751 is for removal of conditions. She should keep documents to prove the legitimacy of the marriage (joint bank statements, etc.) in case she gets a hostile interviewer who wants to challenge the GC.
 
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