Becoming a Citizen After 12 Years.

[OHNL2001]

Hi there,

I moved to the US in 2001 and got my green card in 2005 through a fiancee visa. In the mean time, I got divorced in 2008 and my Dutch passport is expired. Two questions:

Do I need to be in possession of a valid Dutch passport in order to become a US? (Not interested in dual citizenship)

Does the fact that I got divorced play a role in my chances of becoming a US citizen? (I held a job, have a child, no criminal record, etc)

Thanks for your time. Any thoughts?

 

[nkm-oct23]

No and No to each of your questions.

 

[schynam]

You would be applying under the 5yr rule.

 

[OHNL2001]

You would be applying under the 5yr rule.

Thanks for replying so quickly to both of you. I have checked eligibility requirements for citizenship and it seems I have nothing to worry about. I thought that the initial reason for green card approval would always be considered when applying for citizenship. Is international travel possible with just a green card? If so, is it recommended? Again, thanks for responding.

 

[nkm-oct23]

Thanks for replying so quickly to both of you. I have checked eligibility requirements for citizenship and it seems I have nothing to worry about. I thought that the initial reason for green card approval would always be considered when applying for citizenship. Is international travel possible with just a green card? If so, is it recommended? Again, thanks for responding.

If you have a regular 10 year green card and did not get divorced immediately after getting a green card (which might be seen as marriage fraud) you are OK. Your marriage will be a subject of discussion during citizenship interview.
Most countries will require a passport for entry. US does not require green card holders to have a passport for travel. One can also travel to Canada and possibly Mexico on just green card alone.
Have you ever traveled out of US after you got your green card? Any specific reason you did not renew your Dutch passport?

 

[Jackolantern]

Does the fact that I got divorced play a role in my chances of becoming a US citizen? (I held a job, have a child, no criminal record, etc)

If you divorced before your 10-year card was approved, and didn't apply for an I-751 waiver, that could cause big problems.

Otherwise, if that's not an issue, you may still have to answer some questions about your marriage. Bring the divorce decree and your child's birth certificate to the interview. If the other parent of your child is the same ex-spouse who petitioned for your green card, you probably won't have much explaining to do about your marriage. But if your child was conceived during your marriage with somebody other than your spouse, be prepared for trouble.

 

[OHNL2001]

If you divorced before your 10-year card was approved, and didn't apply for an I-751 waiver, that could cause big problems.

Otherwise, if that's not an issue, you may still have to answer some questions about your marriage. Bring the divorce decree and your child's birth certificate to the interview. If the other parent of your child is the same ex-spouse who petitioned for your green card, you probably won't have much explaining to do about your marriage. But if your child was conceived during your marriage with somebody other than your spouse, be prepared for trouble.

To give you a better picture;

2001 entry
2001 Marriage
2005 GC approved (10 yrs)
2005 Child born (From US Citizen Spouse)
2008 Divorce

I was married for 7 years. My ex wife (petitioned for green card) is more than willing to vouch for me. I have stayed a committed dad. In fact, my child is the sole reason for staying and making it here. So there is no bad blood nor any suspicions from my ex wife or her family. She would be willing to come to the interview if need be.

I have followed the rules, when I moved I filed an AR-11 (correct me if I am wrong). I even have gathered and kept proof of mutual investments such as bank account statements, pictures, etc. No criminal record, no bad credit, employed with same employer in all those years. So I have no fear of answering questions because I would not be hiding anything.

The whole reason I started worrying is when I went to my home country 2 years ago, when I came back into the US, the immigration officer at the airport gave me such a hard time. He warned be about renewing my Dutch passport. It was still valid but about to expire. The reason for not renewing my passport is simple. To safe time and money. The Dutch government makes it very hard to renew your passport and there are only few places in the US where you can go. I would have to travel for hours, and invest in a trip that probably would be unnecessary if US citizenship would give me the same travel rights.

Citizenship is in your heart, I just need Citizenship to get on with my life, and have the ability to travel. If the Dutch passport wouldn't be such an issue I would probably just renew my GC, if possible.

Thanks for responding, I really appreciate it. It makes me confident about taking steps towards citizenship.

 

[Jackolantern]

2001 entry
2001 Marriage
2005 GC approved (10 yrs)
2005 Child born (From US Citizen Spouse)
2008 Divorce

Before you gave that information, I was wondering if you got married in 2005 and got a 2 year GC, then divorced shortly after obtaining the 10-year GC in 2008. But you stayed married for 3 years after receiving the 10 year card and 7 years overall, and had a child with the same spouse, so they won't give you any problems about your marriage and divorce.

However, if you got married, divorced, or had a child since the green card interview, it is routine for them to ask for certificates of those events, so you'll still need to bring the divorce decree and your child's birth certificate to the interview.

I was married for 7 years. My ex wife (petitioned for green card) is more than willing to vouch for me. I have stayed a committed dad. In fact, my child is the sole reason for staying and making it here. So there is no bad blood nor any suspicions from my ex wife or her family. She would be willing to come to the interview if need be.

That won't be necessary. They won't question the bona fide quality of your marriage.

The Dutch government makes it very hard to renew your passport and there are only few places in the US where you can go. I would have to travel for hours, and invest in a trip that probably would be unnecessary if US citizenship would give me the same travel rights.

They require you to physically visit the consulate to renew your passport? Really? Other countries allow renewing by mail, as long as you get the application form and pictures notarized.

 

[Jackolantern]

Do I need to be in possession of a valid Dutch passport in order to become a US?

No, but it is common for them to ask for the passport in the interview, so bring it to the interview even though it's expired. You won't be penalized for the expiration, assuming you aren't interviewed by the same buffoon who harassed you at the POE because your passport almost expired. They apparently weren't aware that the rule that requires nonimmigrants to have 6 months of validity left on their passport when entering the US doesn't apply to permanent residents.

(Not interested in dual citizenship)

So I guess that means you're aware that you'll lose your Dutch citizenship upon becoming a US citizen, but you aren't concerned about that.

 

[OHNL2001]

No, but it is common for them to ask for the passport in the interview, so bring it to the interview even though it's expired. You won't be penalized for the expiration, assuming you aren't interviewed by the same buffoon who harassed you at the POE because your passport almost expired. They apparently weren't aware that the rule that requires nonimmigrants to have 6 months of validity left on their passport when entering the US doesn't apply to permanent residents.


So I guess that means you're aware that you'll lose your Dutch citizenship upon becoming a US citizen, but you aren't concerned about that.

No, not concerned at all. I'm practical to a fault. Thanks everyone for the valuable information. I have all the things listed and required for the interview. So all I gotta do now is file.