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.
Divorce doesn’t automatically disqualify you from applying for U.S. citizenship. However, it can trigger additional scrutiny from USCIS regarding the authenticity of your marriage. To ensure a smooth naturalization process, gather documentation that supports the genuine nature of your union and apply when you meet the standard residency requirement. While divorce introduces complexities, with the right preparations, you can still achieve your goal of becoming a U.S. citizen.
For more information and guidance on your unique immigration situation, consider consulting an experienced immigration lawyer who can provide tailored advice and support throughout the naturalization process.
So remember, your path to U.S. citizenship is possible, even after divorce.
