Divorced 6 months after receiving 10 yrs green card: can this be a problem?

R

roberto gasta

Registered Users (C)
hi,

i am eligible to file for the n400 and ive a
question re my situatiio,

i was married to a usc for 5+ years, i rcvd a 10 yrs green card in 2008 and all was
fine bw me and my wife,

6 months later, in jan 2009 she filed for divorce, the divorce was final in April
2009.

will the immigration officer inquire re this divorce? will i be in jopardy?


thank you for your time, your answer is very important
 
If the divorce happened after conditions were removed then it shouldn't be an issue for naturalization. Just remember that you'll only be eligible to apply under 5 year rule.
 
roberto gasta said:
hi,

i am eligible to file for the n400 and ive a
question re my situatiio,

i was married to a usc for 5+ years, i rcvd a 10 yrs green card in 2008 and all was
fine bw me and my wife,

6 months later, in jan 2009 she filed for divorce, the divorce was final in April
2009.

will the immigration officer inquire re this divorce? will i be in jopardy?


thank you for your time, your answer is very important
Click to expand...

Are you sure that you are actually eligible to file N-400 now?
Did you have a conditional green card before receiving a regular 10yr green card?

If not, and if the first GC you received was a regular 10 yr green card in 2008, then you are not yet eligible to file N-400.
In order to qualify for a marriage-based N-400 (for which only 3 years of continuous residency as an LPR are needed), you must be married to a U.S. citizen spouse at the moment of filing N-400 and you must have been married to that spouse for at least 3 years.
Since you are divorced from your former U.S. citizen spouse, you are not eligible for a marriage-based N-400 application (it is irrelevant for how long you were married to that spouse before the divorce). So if you never had a conditional green card, you have to wait until you qualify to file N-400 under the general 5 year rule.

If you did have a conditional green card before receiving a regular GC in 2008, you may or may not qualify (under the 5 year rule) to file N-400 now, depending on how long you had the conditional green card.
 
thank you bob smith,

to answer to the other member, yes, i did have a conditional gc before the 10 yrs one

and i am applying based on 5 yrs rule, the starting residence date, however is written on the green card and it says dec 2005
 
roberto gasta said:
thank you bob smith,

to answer to the other member, yes, i did have a conditional gc before the 10 yrs one

and i am applying based on 5 yrs rule, the starting residence date, however is written on the green card and it says dec 2005
Click to expand...

In that case I think you'll be fine. The marriage lasted 5 years and it is extremely unlikely that the USCIS would claim such a marriage to have been fraudulent.
 
hello roberto,
i have similar situation with you. let me know please if you apply for citizenship and if the approve you.
thanks
 
You must log in or register to reply here.
Top