Dumfries, VA asked in Immigration Law for Virginia

Q: I have 10 years green card got it through marriage but divorced after 2 years after of green card apply for citizenship

I'm a permanent resident and got divorced 2 years after getting my 10 years green card. I got my green card through my husband and also have a child after marriage.

But now i am divorced and separated.

I will apply for naturalization after completing 5 years residency but a little bit scared. Is there any problem for me to apply for citizenship as I was divorced 2 years after getting my green card. We got married for love but unfortunately it was not worked and result with divorced.

If i apply for naturalization will i be in trouble because my husband gave me divorced 2 years after getting my 10 years green card and we were married for almost 4.5 years and also i have a child too from my husband.

Thanks

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2 Lawyer Answers
Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Based on the inforrmation you have provided you may apply for your naturalization.

Barry Lee Frager
Barry Lee Frager
PREMIUM
Answered
  • Immigration Law Lawyer
  • Memphis, TN

A: Based on the information that you provided, you should not have a problem filing for Naturalization. The primary difference on Naturalization eligibility for you is that you must wait until you have had the green card for 5 years instead of 3 years. It would be 3 years if you remained married and living together with your ex-husband. You can file the application 90 days prior to the 5 year date you first obtained Lawful Permanent Residence status.

It is important to point out that when USCIS approved your 10 year green card, you had already celebrated your 2nd wedding anniversary. That is an indicator that the marriage was legitimate having lasted at least 2 years. You also state that you had a child with your ex-husband. That is the strongest point in your favor of proving a "bona fide marriage at inception."

The fact that the marriage dissolved two years after you obtained your green card does not outweigh the fact that the marriage lasted more than 4 years and had one child as a result of the marriage. You can tell the USCIS Officer what caused your marriage to fail, if they ask. Many marriages fail for legitimate reasons. USCIS wants to determine whether your marriage was real or fake at the time you got married. You should feel very comfortable telling your story and knowing you did not have an improper motive.

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