karmaqu33n

My husband and I are considering seperating and possibly divorcing. We
have been married 2.5 years. He was due to start his citizenship
proceedings in February (our 3rd anniversary).

We loved one another very much...however, we feel now that perhaps we
were a bit too young. Hopefully, after a bit of time apart, divorce
won't be necessary. At this juncture, it is not what we want, but we do
not want to rule it out, either.

If we do start divorce proceedings before then for some reason, or if
we are seperated, will he still be able to get citizenship in February?
Or, do we have to be married the full three years? Will he ever be
eligable for citizenship if we divorce? He had his conditions removed
on his permanent residency in August and is now a permanent resident
without conditions.

Thank you all.

Sarah E.

Noorah101

If he's applying for citizenship based on marriage to a USC, he can apply 3 years after he becomes a PR.

If he's not basing it on marriage to a USC (if you get divorced), the wait is 5 years after becoming a PR.

But yes, either way he should be able to get citizenship, assuming he meets all the other qualifications.

Rene

scrubbedexpat099

He would ahve to wait 5 years instead of 3.

CaliforniaBride

If someone gets divorced then they would not be able to get citizenship based on marriage to a USC. The wait time for naturalization in that instance would be 5 years not 3.

ian-mstm

If his application is based on marriage to a USC, he must be a PR for 3 years (less 90 days) and he must be married to *and* living with the USC! So, if you separate, he immediately becomes inelligible to file for naturalization based on his marriage to you.

If you divorce, he must wait until he has been a PR for five years (less 90 days). The clock on this started the day he became a conditional PR.

Ian

bionomique

PART 319—SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SPOUSES OF UNITED STATES CITIZENS
§319.1 Persons living in marital union with United States citizen spouse.
...
(8) Has complied with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in §316.2 (a)(3) through (a)(5) of this chapter.

(b) Marital union—(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part.

(2) Loss of Marital Union—(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen.

(ii) Separation—(A) Legal separation. Any legal separation will break the continuity of the marital union required for purposes of this part.

(B) Informal separation. Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union.

http://www.washingtonwatchdog.org/do...319.html#319.1

karmaqu33n

Thank you all for your help!

Sarah
bionomique wrote:
    > > If his application is based on marriage to a USC, he must be a PR for
    > > 3 years (less 90 days) and he must be married to *and* living with the
    > > USC! So, if you separate, he immediately becomes inelligible to file
    > > for naturalization based on his marriage to you.
    > >
    > > If you divorce, he must wait until he has been a PR for five years
    > > (less 90 days). The clock on this started the day he became a
    > > conditional PR.
    > >
    > > Ian
    > PART 319-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SPOUSES OF
    > UNITED STATES CITIZENS
    > �319.1 Persons living in marital union with United States citizen
    > spouse.
    > ..
    > (8) Has complied with all other requirements for naturalization as
    > provided in part 316 of this chapter, except for those contained in
    > �316.2 (a)(3) through (a)(5) of this chapter.
    > (b) Marital union-(1) General. An applicant lives in marital union
    > with a citizen spouse if the applicant actually resides with his or
    > her current spouse. The burden is on the applicant to establish, in
    > each individual case, that a particular marital union satisfies the
    > requirements of this part.
    > (2) Loss of Marital Union-(i) Divorce, death or expatriation. A
    > person is ineligible for naturalization as the spouse of a United
    > States citizen under section 319(a) of the Act if, before or after
    > the filing of the application, the marital union ceases to exist
    > due to death or divorce, or the citizen spouse has expatriated.
    > Eligibility is not restored to an applicant whose relationship to
    > the citizen spouse terminates before the applicant's admission to
    > citizenship, even though the applicant subsequently marries another
    > United States citizen.
    > (ii) Separation-(A) Legal separation. Any legal separation will
    > break the continuity of the marital union required for purposes
    > of this part.
    > (ij) Informal separation. Any informal separation that suggests the
    > possibility of marital disunity will be evaluated on a case-by-case
    > basis to determine whether it is sufficient enough to signify the
    > dissolution of the marital union.
    > http://www.washingtonwatchdog.org/do...t319.html#319-
    > 1
    >
    > --
    > Posted via http://britishexpats.com

CaliforniaBride

Hi Sarah

Just noticed your screen name. If you post at www.britishexpats.com (where we all are) then you can receive karma. We can't give it to usenet posters. Just a thought

[email protected]

CaliforniaBride wrote:
f
    > Hi Sarah
    >
    > Just noticed your screen name. If you post at www.britishexpats.com
    > (where we all are) then you can receive karma. We can't give it to
    > usenet posters. Just a thought ;)

Sarah,

Post where you wish, I doubt you would get much Karma this way.