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Will they ask for divorce papers at citizenship interview (5 year based green card) green card not based on marrieage?

Orlando, FL |

My mom is getting ready to apply for her citizenship. She got her green card based on asylum. Her first marriage lasted 6 months (overseas) in the 70s. She can barely remember the wedding& divorce dates. Will they ask for her divorce papers when she goes to the interview? Thank you for any input.

Attorney Answers 5

  1. Since the Naturalization is not prefaced on a Greencard approved based on marriage to a U.S. Citizen, her previous marriage(s) "should" be irrelevant. However, you mother should still do the best she can to collect and provide that documentation. Her Naturalization will be adjudicated based on its own merits, and as long as she meets the legal requirements (incl. physical presence in the U.S., etc.), she should be approvable.

  2. Probably not.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

  3. Probably not.

  4. Possibly. If she knows the Court that entered the divorce decree she can request the Clerk of the Court to conduct a search based upon her and he ex-husband’s name. This can sometimes take a while so best to do it now.

    While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.

  5. Consult the Department of State Reciprocity Schedule for the country of the divorce. It is always best for her to have all of these documents in her possession. If USCIS believes she got married without getting properly divorced then the first divorce may be an issue so it is best to be prepared.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

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