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Applying for US citizenship based on 5 year rule.

Los Angeles, CA |

I've been a permanent resident for the past 6 years. We are getting divorced this month. When I apply for naturalization at some point this summer or next year, will I have to prove my marriage was valid with documents, interviews, etc. again just like the green card interview if I am applying under the 5 year rule on my own. All I have is our tax returns for the last 5 years and marriage is ending with good terms.

Attorney Answers 4


  1. I am assuming that since you are filing for naturalization that you have already obtained full permanent residency and have passed the Conditional Residency stage. The legitimacy of your marriage should not be an issue but be sure to include copies of your tax returns. It would serve dual purposes as evidence of having maintained residence (one of the factors at least) and jointly filed tax returns (legitimately married). The officer at your interview may bring this up but if you married in good faith, there should be no reason to be concerned. An interview is part of the process for all Naturalization applicants.


  2. I presume you want to know whether your divorce will play a role for your naturalization application. If you apply after 5 years, you do not need to submit any documents showing a bona fide marriage but may be questioned to the grounds of your divorce and your marriage.


  3. I agree with my colleague Mr. Schmidt. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com


  4. Supporting documents showing a bonafide marriage will not be necessary if you are applying for naturalization after five years of becoming a lawful permanent resident. You do need to submit your final divorce decree, however.

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