Divorce

T

tonjehalle

Registered Users (C)
Hi I entered the US in 2000 and got a temporary permanent residency. Then I got issued a permanent residency card in february 2003. Just after that my husband decided to divorce me. I did not tell the INS about the divorce, kept my married name and moved. I did notify them of the address change. Now I am remarried and want to get my citizenship, but I am nervous as I am worried that when I got divorced I should have either informed the INS, or my visa should have been revoked due to the divorce? I would also like to change my name to reflect my new married name, but again if I do that they are going to know I am divorced. Does anyone know how this works? Am I ok? Is my visa still valid? My card has an A# on it, dont know if this matters. Also if my visa is ok, can I apply for my citizenship? How many years after entering the country can you apply? And does it count from when you originally entered or from the date os issuance of the permanent residency card? Thank you so much for any help.
 
From what I have read, you might be fine. Unfortunately I am no expert.

One thing that I have noticed is that there seems to be a higher than typical rate of divorce in this forum. I wonder if that is due to the stress of going through this grueling process?
 
Thanks for your help, some other input would be appreciated as well. Yeah it sux, but I have to say it was easier than I thought, but i did it from Norway so I think it was a tad easier to do all the paperwork over there at the embassy than here in the US.
 
tonjehalle said:
Hi I entered the US in 2000 and got a temporary permanent residency. Then I got issued a permanent residency card in february 2003. Just after that my husband decided to divorce me. I did not tell the INS about the divorce, kept my married name and moved. I did notify them of the address change. Now I am remarried and want to get my citizenship, but I am nervous as I am worried that when I got divorced I should have either informed the INS, or my visa should have been revoked due to the divorce? I would also like to change my name to reflect my new married name, but again if I do that they are going to know I am divorced. Does anyone know how this works? Am I ok? Is my visa still valid? My card has an A# on it, dont know if this matters. Also if my visa is ok, can I apply for my citizenship? How many years after entering the country can you apply? And does it count from when you originally entered or from the date os issuance of the permanent residency card? Thank you so much for any help.
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If you have the unconditional green card then the only effect that will have is that you will be able to apply after 5 years for citizenship from the date you were granted permanent residency (date is shown on the card). Other than that there will be no effect, you can change your name.
you do not need a visa any more since you have the green card now.
 
Thanks so much. Man that sux though that I have to wait 5 years form the date on the card, I thought it was 5 years from the date I got my visa , which is now 6 years ago. Ah well, at least Im ok and can change my name and stuff. I was so worried they would throw me out :eek:
 
actually i don't think you to wait for 5 years. it is three years from the time you get your conditional green card if based on marriage and if you have been married to the citizen for those 3 years. when did you get married? you got your conditional or temp permanent card in 2000 right? so in 2003 (2 years and 90 days) you were eligible to apply for citizenship if you were, at that time, married to your husband for those 3 years. since you said you got divorced after you got your permanent card in 2003, i think you are still eligible. i think your should get you paperwork started. i think it's five years if you divorce within those three years.
 
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candyattitude said:
actually i don't think you to wait for 5 years. it is three years from the time you get your conditional green card if based on marriage and if you have been married to the citizen for those 3 years. when did you get married? you got your conditional or temp permanent card in 2000 right? so in 2003 (2 years and 90 days) you were eligible to apply for citizenship if you were, at that time, married to your husband for those 3 years. since you said you got divorced after you got your permanent card in 2003, i think you are still eligible. i think your should get you paperwork started. i think it's five years if you divorce within those three years.
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Although she was married to her ex for 3 years, she wan't eligible to apply for citizenship between 2003 and 2005 since she was no longer married to her ex at that time.

However she has been maintaining PR status for over 5 years now so she is eligible for citizenship anyway.
 
this is not true.

"Spouses of U.S. Citizens
Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:
• the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
• the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
• the applicant meets all other naturalization requirements."
quote is from the USCIS website.

if you divorce after 3 years it doesn't matter. what matters is that you were married for those 3 years to the spouse that sponsored you. in any case she is eligible to apply either way.
 
I think that the key part will be "...if immediately preceding the filing..."


But as the other person pointed out, she already has been a permanent resident for 5 years, so she can apply for citizenship anyway.

Good luck,
 
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yes, i agree, but princesskate had said that she wasn't eligible between 2003 and 2005. but she was and if she had applied then, her application would have gone through. i had thought the same thing before and members on this forum had corrected me. so i'm just trying to clear it up for other ppl.
 
a friend of mine went to her interview for citizenship (3 years after being married to USC) but it was denied because she was no longer living with her husband AT THE TIME OF THE INTERVIEW (they had just separated...not divorced...fews weeks before). When she applied for citizenship...she was married AND living with the husband, but things changed by the time the interview came.
So even though the rule says that when you apply you have to be married and living...i guess this also emplies that at the time of the interview the same needs to apply. Remember there are about 6 months to over a year between applying and actually being interviewed and sworn in.
Anyways...going back to the original question...
you didn't have to inform the USCIS about your divorce. Unless they ask you especifically about it. changing your name should not be a problem, depending where you live just go to city hall and have it changed. By now...i think you should be eligible to apply for citizenship (5 years from the day you got the conditional GC).
 
Yea I totally agree. The marital status is the primary issue for people who is taking advantage of getting citizenship in 3 years.

I was just trying to provide correct information since candyattitude thought a divorcee PR is eligible for citizenship in 3 years as long as the USC spouse was married to the PR for over 3 years.
 
Wow thanks so much guys, unfortunately i think he filed for divorce sooner than me being here for 3 years, it was close but did not pass 3 years. I am currently remarried to a US citizen but only for 3 months, so I guess that wouldnt count. So you are saying I can file for citizenship 5 years after getting my conditional GC? That means I'm eligible. But on my unconditional GC that I now have, it says resident since 02/13/2003, so I dont know if this is the date they would go off of? That is the date when my unconditional status went into effect.
 
tonjehalle said:
So you are saying I can file for citizenship 5 years after getting my conditional GC? That means I'm eligible. But on my unconditional GC that I now have, it says resident since 02/13/2003, so I dont know if this is the date they would go off of? That is the date when my unconditional status went into effect.
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Yes, you're eligible for citizenship 5 years from the date you were granted for permanent residency (i.e. the date your I-485 got approved and the date printed on your conditional GC). You should be eligible now. :)
 
Ok that sounds great, however I no longer have my conditional GC, i tossed it when i got my unconditional one and i cant find my I485 :eek:, so just to make sure I am eligible, how can i find that date? Would the INS let me know? Sorry for being so unknowledgeable about this, I guess i got lucky getting my GC cuz i obviously dont know what im doing lol
 
I had citizenship interview, result: Decision can not be made. Sorry 4 posting here. Don't know how to blog or post in appropriate place. First timer,...

Can you please help me what might happen:
1. Are they going to approve my application or is there any chances of approval.
2. What can I do if denied.
3. Do I loose status (PLR) if denied.

IO asked several times following questions several times:
1. Why I did not live with my sponsoring wife more than 10 months.
2. Our marriage life was only 10 months in real sesne.

Fact:
2001:Engaged.
2002: Married.
2006: Arrived usa (February) on marriage based visa.
2006: Left the home (wife and family forced me to move) though wife pretended go to your bro place finish your school and come back. In the mean time, we will visit each other. Long story, trust me, I was forced to move out.
2008: Wife filed for divorce.
2010: Divorce finalised.
 
When did you get your conditional green card? When did you get your 10 year green card? How did you get your 10 year green card, did the wife help you?
 
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