Applying for citizenship and divorce
 

I was married to my wife for two years and I got the conditions removed from my greencard, shorty after, she divorced me. Our marriage was completely legitimate, just coincidental timing. My question is, will this affect my right to apply for citizenship? I know I can't get the three year, I must wait for five years, but will it be affected or will there be any problems?

Re: Applying for citizenship and divorce
 

So you currently have your 10-year card? You can apply for US citizenship 5 years after becoming a PR. Your divorce won't affect your eligibility for citizenship.

Rene

Re: Applying for citizenship and divorce
 

Yes, I have my 10 year

Re: Applying for citizenship and divorce
 

Then you're in the clear! Other than meeting the physical presence and continuous residency requirements, the only other criteria for naturalization is 5 years as a PR. To be precise, you can apply 90 days prior to the 5th anniversary of your becoming a PR. Your prior marriage and divorce will be irrelevant in this situation. Good luck to you!

Ian

Re: Applying for citizenship and divorce
 

Hi:

Notionally speaking, EVERYTHING is open to question when you apply for naturalization. Naturalization applications often lead to removal proceedings. However, you will probably be just fine 99.9% unless something in addition to the divorce comes up to indicate you got away with a fraudulent marriage -- note the something additional. The divorce itself will not do it.

In your original post, there is ONE thing that raises a question -- I want to make sure that the divorce was AFTER the condition was removed. Also, in seeing the Los Angeles location, when was the Dissolution Petition FILED? And was it, perhaps a NULLITY petition?

Re: Applying for citizenship and divorce
 

The divorce was finalized after the conditions were removed. I believe that complies with the rules. And no, it was not annulled. Also, the I-751 was filed before the divorce proceedings took place. The divorce was not finalized until 6 months later.

Re: Applying for citizenship and divorce
 

Hi:

I assume no interview was had. My personal opinion is that you are in a gray area on this one. I am of the opinion that you are on the right side of the line, but I can easily see CIS disagreeing. When it comes time to naturalize, I would recommend you have an attorney with you, just in case. It will probably go smoothly, but there is cause for concern.

Please note that although I am a lawyer, I am not your lawyer. Although this is a response to a specific question, the answer is purposely general in nature. Also, new case law is coming down all the time, CIS sometimes issues weird "policy" memorandums, etc etc.

Good luck.

Re: Applying for citizenship and divorce
 

Thanks, I appreciate your taking the time to respond