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can your citizenship be revoked because of divorce?

Discussion in 'US Citizenship' started by elefuntgirl1, Nov 9, 2006.

  1. elefuntgirl1

    elefuntgirl1 New Member

    I am about to apply for citizenship process and I am married and have been to meet the requirements to become a citizen faster. We have been ok in the marriage but recently it has turned very bad. I did not marry my spouse to become a citizen. I understand that I must remain in the marriage until the process is complete. Do I have to remain with my spouse in the same home until the nationalization ceramony is complete and I have all documents in my hand. Or could I leave after the interview? Another big concern I have is can my citizenship status be revoked due to a divorce soon after I get the citzenship? Is there a time limit I must remain with my spouse to overcome a revoke on the status? Also during the citizenship interview will my spouse be required to join me? I live in Arizona if that matters.
    Thank you for your time in advance and have a good day.
  2. burbs1

    burbs1 Registered Users (C)

    If you are married to a USC then based on that you can apply 90 days prior to 3 years provided you satisfy all other statutory requirements, otherwise if you are not married to a USC then you can apply on your own 90 days prior to 5 years in permanent resident status.

    A question about your eligibility for naturalization may come up as in how you obtained your green card (marriage-based) since that is the basis of your application. It may be advisable to consult an attorney and weigh your options for eligibility.
  3. elefuntgirl1

    elefuntgirl1 New Member

    thank you for the response. Do you know if the citizenship can be revoked due to a divorce immediatly after I become a citizen?
  4. boatbod

    boatbod Registered Users (C)

    As far as I know, there is no requirement to remain married for any set period after naturalization is complete (i.e. after you've taken the oath). That said, getting divorced the day after you naturalize, might look a bit suspicious if USCIS were ever take renewed interest in your case. However... I can't think why they would unless some federal authority was looking for a reason to kick you out of the country.
  5. elefuntgirl1

    elefuntgirl1 New Member

    Thank you very much for the information.
  6. Obongo

    Obongo Registered Users (C)

    Sorry to hear about your marriage detriorating. I am not sure
    if the USCIS checks upon the marriage *after* the citizenship
    is issued. I've heard of this happening with GC.

    Also, how will your husband behave *after* the divorce? If he
    contacts the USCIS and starts making trouble for you then there
    maybe repurcsisions.
  7. takadigi

    takadigi Registered Users (C)

    The requirement is to remain married. You don't necessarily have live together even during the proceedings. And there is no such preset restriction on how long you have to remain married after naturalization.
  8. Al Southner

    Al Southner Registered Users (C)


    Once you meet the eligibility requirements for the citizenship, that's it, you meet and the deal is done. The statute that governs naturalization based on 3 year marriage to a US citizen is very clear and simple: If you have been married to the same US citizen for a period of three years, while a greencard holder, then you are eligible to apply" (paraphrased). The only denial of your citizenship are issues of moral turpitude or you kill someone or became a deal crystal meth with a gay prostitute.... :p

    My advise, go ahead and apply for naturalization. If you happen to be divorced while your case is pending adjudication, then it is fine, because you naturalization doesn't depend on your marriage, but rather your eligibility. So, should you be asked if you are still married to the same USC, if at the time of the interview you are, then tell them YES. If you in the divorce proceedings, then you can tell them, only if they ask you if you are divorce or still married. For example, assume on Jan 1, 2007 u apply send ur N400, but in March, he files for divorce, and your interview is March 28. Technically and legally, you are still married to this USC. Remember, the question will be, are you still married to your husbad. Yes, avoid the BUT in your response, they always land people in trouble. Remember, don't volunteer any information.

    Lastly, hence oath ceremonies are conducted in court, the clerk acknowledge your fulfillment of the requirements to be naturalized in front of the judge, and the judge swears you in. So, USCIS has no mandate to strip off anyone of the citizenship, UNLESS the citizenship concealed a material fact that would have made him or her ineligible for the naturalization. With your case, you should be fine, unless you fail to mention to them that you honor Hitler once in a while or you were once in jail for manslaughter. So, you should be in good shape. Divorcing you husband is not a condition for the USCIS to strip you off the citizenship, if they try, I will represent you myself in front of the appeals court... :eek:
  9. boatbod

    boatbod Registered Users (C)

    True, however as with other eligibility criteria (e.g. continuous residency, moral character,...) you must maintain your eligibility right up until you take the oath.

    You will be asked by USCIS if you've married, divorced or separated during the period between interview and oath.
  10. elefuntgirl1

    elefuntgirl1 New Member

    WOW! you all are great and full of information. I completely appreciate everything you have done for me.Thank you for the response. This process is so long and drawn out, I just want it over. Thanks Again for everything
  11. dckaraja

    dckaraja New Member

    My expereince has been you need your spouse present if you applying based on marriaged to USC.I would def consult laywer.Any little error and you could be SOL.
  12. joylove111

    joylove111 New Member

    Hello Guys,

    I am in same boat now. I just became US citizen and My husband and I are also going through rough time. Though we live under one roof, but we hardly talk to each other now. Please can advice how was divorce experience for you guys.

    Thanks in advance!!

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