If you’ve ever wondered about the intricacies of applying for citizenship in the U.S. after divorcing the person who helped you get your green card, this article explains the details of this situation and provides valuable insights for immigrants going through the naturalization process.
The Path to U.S. Citizenship
Many immigrants get their green cards by marrying a U.S. citizen or permanent resident and the relationship opens the way for getting a lawful permanent residence there is a question about what happens after a divorce to your spouse after getting your green card.
The Green Card Divorce Dilemma
Concerns and Misconceptions
Divorce can be a scary option for immigrants who worry it might affect their green card status and their eligibility for U.S. citizenship but the good news is that in most cases, divorce alone does not significantly impact your eligibility for naturalization.
Divorce’s Effect on the Timeline
If you married a U.S. citizen and aimed for early citizenship eligibility, a divorce can complicate matters because typically marriage to a citizen of the country allows you to apply for citizenship after three years of being a permanent resident but if you divorce before obtaining citizenship, your timeline increases to the standard five years and what this means is you must remain married until you become a citizen to qualify for early naturalization.
Proving the Legitimacy of Your Marriage
Genuine vs. Sham Marriages
To meet the requirements for citizenship, it’s essential to have had a bonafide marriage, meaning it was legitimate and based on a genuine intention to build a life together, rather than a sham marriage designed solely for acquiring a green card.
The Role of Conditional Residence
This is a phase that many immigrants experience when their marriage is relatively new. During this period, you must submit Form I-751 to remove the conditions on your green card. This process involves proving the authenticity of your marriage, demonstrating that it was not a fraudulent attempt to obtain immigration benefits.
The Divorce and Naturalization Process
USCIS Scrutiny
When you apply for U.S. citizenship, U.S. Citizenship and Immigration Services (USCIS) will conduct a thorough review of your application, including your immigration history. A past divorce may lead USCIS to reexamine the legitimacy of your marriage.
Naturalization Interview and Documentation
During your naturalization interview, a USCIS officer may ask additional questions about your marriage to ensure its authenticity. While the divorce itself does not automatically raise suspicions of a sham marriage, USCIS might seek more evidence to confirm the legitimacy of your union.
Strengthening Your Case
To strengthen your case and address any concerns USCIS may have, consider providing documentation beyond your Form I-751 submission. This can include:
- Leases or mortgages in both your names
- Copies of joint bank or credit card statements
- Evidence of joint financial responsibilities
- Proof of shared assets or property
- Demonstrating Efforts to Sustain the Marriage
If you and your spouse attended couples counseling before divorcing, a statement from your therapist can serve as valuable evidence that you genuinely tried to make the marriage work. Additionally, if you have children together, their birth certificates can further substantiate the authenticity of your marriage.
Timing Matters
Timing is crucial when considering naturalization after divorce. To minimize potential complications, it’s advisable to apply for U.S. citizenship once you meet the standard five-year residency requirement. This allows you to bypass the conditional residence phase and the associated scrutiny related to your marriage’s legitimacy.
Can I renew my green card without facing any issues after a divorce
Renewing your green card after a divorce generally depends on whether you hold a permanent or conditional green card.
Permanent Green Card Holders
If you have a permanent green card (valid for ten years), divorce typically does not affect your ability to renew it. You can renew your green card by filing Form I-90 (Application to Replace Permanent Resident Card). The renewal process does not inquire about your marital status, so you won’t face any issues related to your divorce124.
Key Points:
- No Impact on Renewal: Divorce does not affect the renewal process for permanent residents.
- Form I-90: Simply file this form to renew your green card.
- Name Change: If you changed your name due to the divorce, you can update it during the renewal process by submitting legal documentation34.
Conditional Green Card Holders
For those with a conditional green card, which is often issued to individuals married to U.S. citizens or permanent residents for less than two years, the situation is more complex. If you divorce while holding a conditional green card, it can complicate your ability to remove the conditions on your residency.
Key Steps After Divorce:
- File Form I-751: You must file this form individually and request a waiver for the joint filing requirement due to divorce.
- Prove Good Faith Marriage: You will need to provide substantial evidence that your marriage was genuine and not entered into solely for immigration benefits. This may include joint financial records, proof of cohabitation, or other documentation123.
- Increased Scrutiny: Expect additional scrutiny from USCIS when applying for the waiver, as they will want to ensure that the marriage was legitimate
Divorce does not automatically disqualify you from applying for U.S. citizenship, but it may lead to increased scrutiny from USCIS about the authenticity of your marriage. To ensure a smooth naturalization process, gather documentation that proves the genuineness of your union and apply when you meet the residency requirement. Although divorce adds complexities, with proper preparation, you can still achieve your goal of becoming a U.S. citizen.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a CR-1/IR-1 Visa or B-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
