I am a permenant Resident married to an american citizen. If i divorce will it effect my chances to become a citizen?

Asked over 1 year ago - Lawrenceville, GA

Im in Ga. And my spouse wants a divorce to marry someone else. I am just waiting on the rest of the process to go through. will this have an adverse effect on my statis with immigration? I have been married for 3 years and only seperated a few months. My spouse knows i have sent in the form for the citizenship in march but doesnt care.

do i have any options?

Attorney answers (3)

  1. David Nabow Soloway

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Sorry to learn you and your spouse are divorcing. You should expect the USCIS to deny the naturalization application that you filed, since eligibility for filing such an application sooner than five years (less 90 days) from grant of Permanent Resident status is available only to Permanent Residents who remain married to their U.S. Citizen spouses through the date of naturalization. Unfortunately, the USCIS will not simply place the file on "hold" for two more years, and it will not refund the filing fees. Nonetheless, it may be wise to consider withdrawing the pending case.

    You should become eligible to file a new naturalization case after the expiration of five years (less 90 days) from the date you became a Permanent Resident. In adjudicating the new naturalization case the USCIS may re-examine the bona fide nature of your marriage that formed the basis of Permanent Resident approval, but with three years of marriage and an appropriate set of documentary evidence that should not stand in the way of becoming approved at that time.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal... more
  2. Irene Vaisman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . current application will be denied, but you should be ok after 5 years on green card (so 2 more years)

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Only if your green card was obtained through the marriage and the marriage was solely to get the green card.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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