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Spouse move out 4 mth after 10 year green card and divorce 6 mth later . Will I b denied citizenship if apply using 5 yrs rule

Bronx, NY |

I married a US citizen through who I qualified for my 10 year green card in 2010 . six months in the marriage I discovered he was into $ 27 , 000 worth of credit card debt , so that he could pay off all the cards , I then took over paying , all the rent , light , phone , food etc while still taking care of my two kids from a previous marriage . I refused to have unprotected sex with him based on the fact that I contracted a STD from him and he refused to get treatment and blamed me . I found out a month before removing my condition on the green card that he was not paying his credit card bills because the creditors started calling . we started have serious arguments , he move out in Dec , 2010 4 mth after I received my 10 yrs . . I filed for divorce in June 2011 . will be denied citizenship when I apply

using the five year rule. What documents should I take to prove that I could no longer live with this man who paid no bills, gave me a disease and caused me and my kids emotional, financial and mental stress. I have copies of letters written to him by the credit card companies and the credit collectors We have bills with both names, bank accounts in both names pictures with us and the kids, friends and family at wedding reception, birthdays anniversary etc.letters addressed to one or both of us at our home address.

Attorney Answers 4


  1. I assume that the marriage was not spurious. If the assumption is correct, then - the answer is no, not for that reason.


  2. So long as the marriage was bona fide, it does not appear based on the facts you have provided that citizenship will be withheld. However, I would strongly suggest that you consult and retain an immigration lawyer to assist you. Immigration law is complicated and the stakes are high. There is no reason to go it alone. Some people apply for citizenship on their own and end up in Removal proceedings.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  3. It shouldn't be a problem. It sounds like you have enough proof that the marriage was entered into in good faith, and you will be applying based on time, not marriage. I still recommend consulting with an immigration attorney, though.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]


  4. You can apply for naturalization under the 5-year rule. There should be no reason for denial unless other issues exist such as unlawful claim of US citizenship, criminal activity, fraud and the like. Always have your application reviewed by an immigration lawyer to make sure there are no other issues.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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