Richard burge

Question: Do I have a basis for eligibility for the Application for Naturalization (N-400)
under clause (c) 'I have been a permanent resident for at least (3) three years and have
been married to a United States resident for those three years'? Background: I obtained a
greencard through a marriage 4 years ago. The marriage dissolved after 2 years. I
successfully filed a I-751 to remove the condition of marriage from my greencard. Now I
want to file for Citizenship. Am I eligible using clause (c) above? My Lawyer says that I
am... Any advice is appreciated.

Richard

Mark Carroll

I don't see how: you were only married for two years. What reason did your lawyer give for
it being okay that you don't meet the marriage requirement? (Of course, you don't have
longer to wait for eligibility anyway...)

-- Mark

Mark Carroll

I don't see how: you were only married for two years. What reason did your lawyer give for
it being okay that you don't meet the marriage requirement? (Of course, you don't have
much longer to wait for eligibility anyway...)

-- Mark

Richard Burge

Mark, Thanks for your response. My lawyer is of the opinion that so far as the INS is
concerned, because I successfully filed the I-751 (removing the condition of marriage) the
marriage did not end for the purpose of satisfying clause
(c) ..a permanent resident for 3 years. Thus he says that in the eyes of the INS I have
been in the US for 4 years and I have been married for 4 years also. Obviously the
divorce court would say that I was only married for 2 years. Please comment on my
Lawyers logic - am I eligible for citizenship under clause (c) ..a permanent resident
for 3 years?

> I don't see how: you were only married for two years. What reason did your lawyer give
> for it being okay that you don't meet the marriage requirement? (Of course, you don't
> have longer to wait for eligibility anyway...)
>
> -- Mark

Mark Carroll

(snip)
>Thanks for your response. My lawyer is of the opinion that so far as the INS is
>concerned, because I successfully filed the I-751 (removing the condition of marriage)
>the marriage did not end for the purpose of satisfying clause
>(c) ..a permanent resident for 3 years. Thus he says that in the eyes of the INS I have
> been in the US for 4 years and I have been married for 4 years also. Obviously the
> divorce court would say that I was only married for 2 years. Please comment on my
> Lawyers logic - am I eligible for citizenship under clause (c) ..a permanent resident
> for 3 years?

Ah, you know, it's possible you might be - I know of someone who successfully filed the
I-751, got divorced, and became a USC around
3.5 years after becoming a PR, filing for naturalisation well after the divorce. The
reasoning seems a bit strange, but good luck. (-:

-- Mark

Ed MacNeil

Hi,

THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!

I believe if you check Part 2 block b. on the form N-400 under the circumstances you have
cited, you will have made a false statement. If INS discovers this they can initiate
action to denaturalize you and then remove you from the US.

Ed MacNeil Ancient Aviator North Hampton, NH, USA

Richard burge wrote:

> Question: Do I have a basis for eligibility for the Application for Naturalization
> (N-400) under clause (c) 'I have been a permanent resident for at least (3) three years
> and have been married to a United States resident for those three years'? Background: I
> obtained a greencard through a marriage 4 years ago. The marriage dissolved after 2
> years. I successfully filed a I-751 to remove the condition of marriage from my
> greencard. Now I want to file for Citizenship. Am I eligible using clause (c) above? My
> Lawyer says that I am... Any advice is appreciated.
>
> Richard