Citizenship procedure after divorce from US Citizen Spouse

H

helpbostonian

Registered Users (C)
Hi,

Please read the below chain of events and advice:

March’01 - I got married in India - at the time of marriage my ex-spouse was a green card holder.

September’05 - Almost after 5 years of wedding, I came to USA and got my 10 year green card on arrival, based on the green card of my – ex spouse. However at the same time my ex-spouse became the US citizen.

October’06 - After 6 months of my stay here, things did not work with my US citizen spouse and we got divorced after another 4 months in October’06.

July’10 – Based on 5 years of time spent as US permanent resident since my arrival (less 90 days) I will be filing for my citizenship as I fulfills all the requirements to be a Citizen.

My question is will my divorce from my US Citizen Spouse will have any bearing or adverse effect on my case. Technically I was married to her for 6 years (5 years in India and 1 year in USA)

I read somewhere that if I am divorced from my US Citizen spouse; I won’t be eligible to file for Citizenship. Please advice. Your help will be greatly appreciated.
 
Bobsmyth said:
You got your marriage based 10 year GC upon arrival in 2005? Did you ever have conditions removed?
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Yes, I did. I came to USA on 09/2005. The Green Card I received has the same date of RESIDENCE SINCE which is 09/2005 on it with expiry date of 10/2015.

I do not have any documents which says it is a conditional Green Card.

Assuming there is a condition, How do I remove it ?
 
You don't need to remove conditions, as you were already married for more than 2 years when you got the GC. And you have a 10-year card, not a 2-year conditional card.
 
Your divorce isn't an issue since you were already married for more than 2 years when you obtained your card. Just be prepared to show divorce decree at interview.
 
Lolitochka said:
what is this 2 year rule? what is someone is married less than 2 years?
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For marriage based GCs, if you have been married less than 2 years you are given conditional GC status. Someone married less than 2 years must apply for removal of conditions after 2 years have passed in order to get a 10 year GC.
 
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