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If we divorce, would this affect her citizenship approval?

If we divorce, would this affect her citizenship approval?

Old Oct 18th 2004, 7:48 am
  #1  
M
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Default If we divorce, would this affect her citizenship approval?

My wife (Italian-born, currently applying for US citizenship based on
5-year marriage to me) and I (US citizen) would like to divorce. She
has already submitted the N-400 and is awaiting her interview. Given
that she is a permanent resident, if we divorced before her
citizenship interview, would this affect her citizenship approval?
 
Old Oct 18th 2004, 8:42 am
  #2  
Andrew DeFaria
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Default Re: If we divorce, would this affect her citizenship approval?

M wrote:

    > My wife (Italian-born, currently applying for US citizenship based on
    > 5-year marriage to me) and I (US citizen) would like to divorce. She
    > has already submitted the N-400 and is awaiting her interview. Given
    > that she is a permanent resident, if we divorced before her
    > citizenship interview, would this affect her citizenship approval?

It shouldn't affect it at all. You are not required to be married to be
a citizen. Nor are divorcees rejected.
--
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Old Oct 18th 2004, 9:13 am
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Default Re: If we divorce, would this affect her citizenship approval?

Originally Posted by Andrew DeFaria
M wrote:

    > My wife (Italian-born, currently applying for US citizenship based on
    > 5-year marriage to me) and I (US citizen) would like to divorce. She
    > has already submitted the N-400 and is awaiting her interview. Given
    > that she is a permanent resident, if we divorced before her
    > citizenship interview, would this affect her citizenship approval?

It shouldn't affect it at all. You are not required to be married to be
a citizen. Nor are divorcees rejected.
--
Sorry, Andrew. Incomplete answer. If the PR is applying for citizenship based on her marriage to the USC (via 3 year wait as PR vs 5 year regular wait) then divorce will indeed affect the application. She would have to wait until the 5 year anniversary of her PR (minus 90 days) to apply.
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Old Oct 18th 2004, 9:47 am
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Andrew DeFaria
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Default Re: If we divorce, would this affect her citizenship approval?

meauxna wrote:

    >> M wrote:
    >>> My wife (Italian-born, currently applying for US citizenship based
    >>> on 5-year marriage to me) and I (US citizen) would like to divorce.
    >>> She has already submitted the N-400 and is awaiting her interview.
    >>> Given that she is a permanent resident, if we divorced before her
    >>> citizenship interview, would this affect her citizenship approval?
    >> It shouldn't affect it at all. You are not required to be married to
    >> be a citizen. Nor are divorcees rejected.
    > Sorry, Andrew. Incomplete answer. If the PR is applying for
    > citizenship based on her marriage to the USC (via 3 year wait as PR vs
    > 5 year regular wait) then divorce will indeed affect the application.
    > She would have to wait until the 5 year anniversary of her PR (minus
    > 90 days) to apply.

Really? I stand corrected then.

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Old Oct 18th 2004, 11:30 am
  #5  
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Default Re: If we divorce, would this affect her citizenship approval?

Originally Posted by M
Given that she is a permanent resident, if we divorced before her
citizenship interview, would this affect her citizenship approval?
If she's been a PR for 3 years (less 90 days) *and* if she's applying for citizenship based on marriage, she has to be married to *and* living with you. All three of these things (PR for 3 years, married to you, living with you) must be in play on the day she takes her oath of allegiance. Divorce prior to her oath ceremony would negate her eligibility *if* her application is based on her marriage to you. If she's been a PR for 5 years however, your divorce will play no part in her naturalization.

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Old Oct 18th 2004, 2:07 pm
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Default Re: If we divorce, would this affect her citizenship approval?

Originally Posted by ian-mstm
If she's been a PR for 3 years (less 90 days) *and* if she's applying for citizenship based on marriage, she has to be married to *and* living with you. All three of these things (PR for 3 years, married to you, living with you) must be in play on the day she takes her oath of allegiance. Divorce prior to her oath ceremony would negate her eligibility *if* her application is based on her marriage to you. If she's been a PR for 5 years however, your divorce will play no part in her naturalization.

Ian
HI
I think the OP has already said they have been married for 5 years already...so then that means, as far as I can tell, that divorce will not affect her becoming a citizen...am I right?

J
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Old Oct 18th 2004, 2:12 pm
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Default Re: If we divorce, would this affect her citizenship approval?

Originally Posted by hopelessinks
HI
I think the OP has already said they have been married for 5 years already...so then that means, as far as I can tell, that divorce will not affect her becoming a citizen...am I right?

J
Not necessarily true. It is five years of residency, not five years of marriage.

For example, when Jim and I were married five years, he had only been a PR for 3. Took two years to become a PR after marriage.

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Old Oct 18th 2004, 2:18 pm
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Default Re: If we divorce, would this affect her citizenship approval?

Originally Posted by Rete
Not necessarily true. It is five years of residency, not five years of marriage.

For example, when Jim and I were married five years, he had only been a PR for 3. Took two years to become a PR after marriage.

Rete
AAAHH I stand corrected...I was just picking up on what everyone else answered...but this is good to know...you learn so much from reading other peoples posts...it is very intresting!
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Old Oct 18th 2004, 2:41 pm
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Default Re: If we divorce, would this affect her citizenship approval?

hopelessinks wrote:
    >>If she's been a PR for 3 years (less 90 days) *and* if she's applying
    >>for citizenship based on marriage, she has to be married to *and*
    >>living with you. All three of these things (PR for 3 years, married to
    >>you, living with you) must be in play on the day she takes her oath of
    >>allegiance. Divorce prior to her oath ceremony would negate her
    >>eligibility *if* her application is based on her marriage to you. If
    >>she's been a PR for 5 years however, your divorce will play no part in
    >>her naturalization.
    >>Ian
    >
    >
    > HI
    > I think the OP has already said they have been married for 5 years
    > already...so then that means, as far as I can tell, that divorce will
    > not affect her becoming a citizen...am I right?


Married for 5 years doesn't mean she has been a PR for 5 years.
 
Old Oct 19th 2004, 12:08 am
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Default Re: If we divorce, would this affect her citizenship approval?

Originally Posted by hopelessinks
... you learn so much from reading other peoples posts...it is very intresting!
True. I was thinking about this a bit more this morning. If they are separated and not yet divorced, the negative impact on her naturalization would be the same since they're not living together - a requirement if the natz is based on marriage.

Ian
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