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Need some info on divorce and naturalization

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  • Need some info on divorce and naturalization

    Good evening:

    I have been a permanent resident since 2003. My immigration application was based on marriage to a US citizen. However, he wants to divorce me now, and I am afraid for my status. I have been in the country legally since 2001, have children, and currently I am in medical school.
    Can I agree to the divorce? I do not have the means as a student to fight him in long court battles.
    Can I file a naturalization petition (N-400). If so, do I mark marital status as married (right now we are legally married) or what else?

    I have never been out of the US since I became a permanent resident, so that is around 7 years. I have not resided in any state other than NC.

    Thank you and Merry Christmas

  • #2
    Good evening:

    I have been a permanent resident since 2003. My immigration application was based on marriage to a US citizen. However, he wants to divorce me now, and I am afraid for my status. I have been in the country legally since 2001, have children, and currently I am in medical school.
    Can I agree to the divorce? I do not have the means as a student to fight him in long court battles.
    Can I file a naturalization petition (N-400). If so, do I mark marital status as married (right now we are legally married) or what else?

    I have never been out of the US since I became a permanent resident, so that is around 7 years. I have not resided in any state other than NC.

    Thank you and Merry Christmas

    Comment


    • #3
      Hi life2dlees,
      Welcome to the forum. Divorce should not be a problem as long as the divorce is not based on "being your fault." If divorce is based on irreconciliable differences, and you meet the residency requirements, pass the immigration exam, and be of good moral character, you should have no problem obtaining your citizenship.

      Documentation for Form N-400
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

      Comment


      • #4
        On other note, as long as USCis does not believe your marriage was based on fraud, then it should not be a problem. I hope this helps.

        Good Luck.
        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

        Comment


        • #5
          Thank you very much.

          Comment


          • #6
            Given the length of your marriage and progeny, USCIS will not like see this as a fraudulent marriage. Bon Chance!

            Comment


            • #7
              I see no problem with your N-400 application as well. Good Luck

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> Can I agree to the divorce? I do not have the means as a student to fight him in long court battles.
                Can I file a naturalization petition (N-400). If so, do I mark marital status as married (right now we are legally married) or what else?
                </div></BLOCKQUOTE>


                Yes mark as married. However, you should file for n400 based on 5 years lpr, and not based on the marriage. This way if he decides to divorce you in the middle of the filing/interview, it will make no difference in you obtaining an approval from uscis.

                good luck

                Comment


                • #9
                  Thank you the responses. It is nice to know someone out there cares in the midst of chaos.

                  He wants me to sign a separation agreement back dated to August 2010. In NC legal separation can be turned into dovorce after 1 year, so this is why he wants to do it that way. Would signing this hurt my chances with the uscis?

                  Have a great holiday everyone

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by life2dlees:
                    Thank you the responses. It is nice to know someone out there cares in the midst of chaos.

                    He wants me to sign a separation agreement back dated to August 2010. In NC legal separation can be turned into dovorce after 1 year, so this is why he wants to do it that way. Would signing this hurt my chances with the uscis?

                    Have a great holiday everyone </div></BLOCKQUOTE>


                    HOw could this hurt your chances at n400? You will be applying under the 5years as lpr, not marriage based. Do you understand the difference? your application would not have any thing to do with citizenship and the marriage. This is why I told you this.

                    If you want to lie to get the divorce, this is your choice. I see no advantage for you to do this. Seperate now and if your state allows spousal support, then file for it and collect for the year until the seperation period is met for the divorce. remember, lies can only blow up in your face later

                    Comment

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