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Can a Divorce after Issuance of a Green-card affect a Divorced Spouse’s Right to Obtain U.S. Citizenship?

with 129 comments

In bad economic times, divorce rates increase dramatically as money issues drive couples apart and many spouses who receive their green-card/permanent residency through marriage to a U.S. Citizen or permanent resident worry that a later divorce may affect their citizenship or naturalization application.

Assuming, that the marriage was not a sham or for fraudulent purposes, divorce does not adversely affect a spouse’s immigration status after the spouse obtains a green card or permanent residence unconditionally and a divorce will not invalidate the green card or cause the U.S. Citizenship and Immigration Services (USCIS) to deny a citizenship application automatically.

Divorce may however pose doubts and require the divorced spouse seeking to obtain U.S. Citizenship to reassure the USCIS interviewing officer that the marriage was not a sham. A good way to prove that your marriage was genuine is to take copies and originals of documents that show that you and your ex-spouse lived together, had joint bank accounts, and shared important and memorable moments together. Examples of documents include, home title or rent receipts or home lease in both names, joint bank account statements, credit card statements, photographs of both spouses on vacation, birth certificates of children born during the marriage, etc.

Also, divorce may delay a spouse’s right in obtaining citizenship in certain cases. For instance, a divorced spouse having a green-card who was married to a U.S. citizen will not be able to avail the short three year residency requirement, if the spouse is not married to the U.S. citizen for at least three years before the naturalization exam date. In essence, if the green-card holder spouse divorces the U.S. citizen spouse before three years of marriage have passed, then s/he will have to wait until the normal five year residency requirement has elapsed before s/he is eligible to apply to become a naturalized U.S. Citizen and cannot take advantage of the three year residency requirement.

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Written by MithrasLaw

March 23, 2009 at 4:18 pm

129 Responses

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  1. My husband applied for a green card thru his job (his company sponcored it); we all, including children, received greencards, and now he is devorcing me. Will I loose my greencard after divorce?

    Tom

    June 8, 2009 at 1:59 pm

    • Divorce does not affect your green card or Legal Permanent Resident (LPR) Status adversely, assuming your marriage was bonafide. Thank you for visiting our weblog and we wish you luck.

      MithrasLaw

      June 23, 2009 at 3:50 pm

  2. I’m a Legal Permanent Resident (LPR) for the past 3 years and i’m married to a U.S. Citizen for more than 3 years now, but we’re getting a divorced. Can I still be eligible to apply U.S. citizenship under the 3 year law?

    Chris

    June 25, 2009 at 8:04 pm

    • Thank you for visiting our blog.

      In response to your question: If married to a United States Citizen (USC) – the residency requirement is 3 years if your spouse has been a USC for three years and you have been living in “marital union” i.e. living together for 3 years, preceding the filing of the naturalization application. A divorce, legal separation, or even an informal separation may signify dissolution of the marital union. So, although, you are not required to live with your USC spouse after filing of the naturalization application, you must still be married at the time of naturalization.

      Hope this answers your query. Good luck!

      MithrasLaw

      July 22, 2009 at 6:47 pm

  3. My husband applied for a green card through his job. The company he worked for has sponsored his green card. I received my green card as his dependent. Now he wants to divorce me. I got the Green card while he is seeking a divorce. Will I loose my greencard after divorce? You advice will be very helpful.

    Thanks in advance
    Regards
    Kirti

    Kirti

    July 27, 2009 at 2:51 pm

    • Thank you for visiting our Weblog.

      Divorce typically does not affect your green card or Legal Permanent Resident (LPR) Status adversely, assuming your marriage was bonafide. Good luck.

      MithrasLaw

      August 5, 2009 at 12:21 am

  4. I got married in last November 2008 (almost 8 months) and I just received as well as my minor son our green cards, Our marriage was for love, however,now it is breaking apart and we are considering to be divorce, how this could affect my citizenship?

    Brenda

    July 31, 2009 at 3:39 pm

    • Thank you for visiting our weblog.

      We recommend you consult an experienced lawyer and seek legal advice based on your current circumstances.

      In general, since you are married for less than two years you will have received a Conditional Permanent Residence – which lasts 2 years although it has all the benefits of an unconditional legal permanent residence.

      Normally, nothing will automatically happen to invalidate this Conditional Permanent Residence status simply on account of the divorce being filed or becoming final.

      Typically, 90 days before your two year conditional residence ends, you are eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence.

      If you are contemplating divorce, there are few ways to remove the conditions on a green card successfully, in certain instances, such as cases of domestic violence, imprisonment, mental illness, etc., provided one is able to show that the marriage was valid and legitimate for immigration purposes. It is therefore advisable to seek legal help from an immigration attorney.

      We wish you luck.

      MithrasLaw

      August 5, 2009 at 12:28 am

  5. I just got petitioned by my present husband. But we are separated for a year, my question is i will have my biometrics this month and was wondering will my application for my temporary green card will be affected if we get divorced? I have a U.S. citizen with my current bf but the thing is me and my current bf are not in good terms because he cheated on me with someone when he was drunk. Is this going to be a big problem? what should i do? And what comes after biometrics, work permit? then what else?

    isabel

    August 7, 2009 at 2:44 am

    • Thank you for visiting our Weblog.

      Assuming your green card petition is marriage based and there was no legal separation at the time of petition, your green card application cannot be denied simply because your husband and you are not living together or solely because the marriage is not viable. Having said that, you will receive a Conditional Permanent Residence (i.e. green card), if you have been married for less than 2 years. The conditional residence lasts 2 years although it has all the benefits of an unconditional legal permanent residence.

      Normally, nothing will automatically happen to invalidate this Conditional Permanent Residence status simply on account of the divorce being filed or becoming final. Typically, 90 days before your two year conditional residence ends, you are eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence.

      If you are contemplating a divorce you should consult an immigration attorney for specific advice about your situation.

      Good luck.

      MithrasLaw

      August 14, 2009 at 3:21 pm

  6. i am a permanent resident & have been married to my US citizen wife for 3 years & we have been living together all that time, our marriage was based on love , recently our marriage is breaking a parts & we decided to file for divorce
    Can I still be eligible to apply U.S. citizenship under the 3 year law?

    Shadi

    August 16, 2009 at 5:33 am

    • Query: I am a permanent resident & have been married to my US citizen wife for 3 years & we have been living together all that time, our marriage was based on love , recently our marriage is breaking a parts & we decided to file for divorce. Can I still be eligible to apply U.S. citizenship under the 3 year law?

      Reply: Thank you for visiting our blog.
      In general, an application for naturalization will be denied if there is any disruption to the “marital union” ie. in this instance filing for divorce. Thus, the naturalization application will typically be denied even if the application was filed and you no longer reside with your Citizen spouse at the time of the naturalization interview.
      Good luck.

      MithrasLaw

      September 8, 2009 at 5:32 pm

  7. I am married to usc have been married and in states for 3 years just received permanent residence about one month ago, I would like to get a divorce because not happy, if I divorce usc will my permanent residence card be effected due to short time of having permanent residence card? which is best me file or him file for divorce?

    tashau

    August 18, 2009 at 4:04 pm

    • Query: I am married to USC have been married and in states for 3 years just received permanent residence about one month ago, I would like to get a divorce because not happy, if I divorce USC will my permanent residence card be effected due to short time of having permanent residence card? Which is best me file or him file for divorce?

      Response: Normally, nothing will automatically happen to invalidate the Permanent Residence (green-card) status simply on account of the divorce being filed or becoming final, assuming your marriage was bonafide.

      Good luck.

      MithrasLaw

      September 8, 2009 at 5:39 pm

  8. I been married to my wife for 2 years but i was not living in the us and we got married outside the us.i came to the us and spend one month and few weeks,i got my permanent resident.but she been creating problem and having alot of confusion even thoe i dont know the us good.she want a divorce,i am wondering if it will harm my permanent resident status.

    fas

    August 20, 2009 at 5:59 pm

    • Query: I been married to my wife for 2 years but i was not living in the us and we got married outside the us.i came to the us and spend one month and few weeks,i got my permanent resident.but she been creating problem and having alot of confusion even thoe i dont know the us good.she want a divorce,i am wondering if it will harm my permanent resident status.

      Response: Assuming you received a Conditional Permanent Residence – which lasts 2 years although it has all the benefits of an unconditional legal permanent residence.

      Normally, nothing will automatically happen to invalidate this Conditional Permanent Residence status simply on account of the divorce being filed or becoming final, assuming your marriage was entered in good faith.

      Typically, 90 days before your two year conditional residence ends, you are eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence.

      You should seek legal advice from an attorney when seeking to obtain an unconditional permanent residence.
      Good luck

      MithrasLaw

      September 8, 2009 at 5:55 pm

  9. hey
    i am fatima,i am from morroco, i came to usa as worker, i supposed to work at EPCOT Walt Disney for Q1 visa and after 4 months i met my husband we get married in july 16th, 2009 and i quiet from work. and i ve just got the field to fill for the purpose to apply for greend card but he wanna divorce now because he is realize that he is still in love with his ex girlfriend what i suppose to do? i am lost i don’t know what it is gonna be my situation after? please help me with your advice

    fatima

    August 22, 2009 at 9:57 pm

    • Query: i am Fatima, i am from Morocco, i came to USA as worker, i supposed to work at EPCOT Walt Disney for Q1 visa and after 4 months i met my husband we get married in July 16th, 2009 and i quiet from work. and i ve just got the field to fill for the purpose to apply for green card but he wanna divorce now because he is realize that he is still in love with his ex girlfriend what i suppose to do? i am lost i don’t know what it is gonna be my situation after? please help me with your advice

      Response: There is no requirement that a marriage currently be viable in order to seek immigration benefits, as long as you entered into a good faith, bonafide marriage and have neither divorced or legally separated from your spouse — you can apply for a green card. However, given the short length of your marriage, it is recommended you seek legal advice from an attorney.

      MithrasLaw

      September 8, 2009 at 6:17 pm

  10. i got married and gotthe greencard with the status E14 . My husband left the country three months later and went back home . Since then i am in USA now he is asking for divorce .If i gave him divorce do i have to go away and surrender my green card as well ??? He is not in USA but i am leaving of my own and filed tax return as seperated last year. Please advise.

    param

    August 27, 2009 at 9:20 pm

    • Query: i got married and got the green card with the status E14 . My husband left the country three months later and went back home . Since then i am in USA now he is asking for divorce .If i gave him divorce do i have to go away and surrender my green card as well ??? He is not in USA but i am leaving of my own and filed tax return as separated last year. Please advise.

      Reponse: Normally, nothing will automatically happen to invalidate your permanent resident status (green card) simply on account of your spouse seeking divorce and you have no legal obligation to surrender your green card. Depending on the length of your marriage – if you have a Conditional Permanent Residence, you should seek legal advice from an attorney when applying to obtain an unconditional permanent residence.

      Good luck.

      MithrasLaw

      September 8, 2009 at 6:33 pm

  11. hi, im justine.. i am married to a us citizen for little over 2 years, the marriage was for love but before i recieved my Permanent Resident Card for my unconditional status.. the marriage is breaking a part..and we both agree for a divorce, i moved out of the house. after a months then i got my greencard. so if i file a divorce will the immigration deport me? or cancel my greencard?
    thanks pls. reply..
    this would really help me a lot.

    Justine

    September 3, 2009 at 7:16 pm

    • No, normally, nothing will automatically happen to invalidate/cancel your permanent resident status (green card)on account of your separation or either of you seeking divorce.

      MithrasLaw

      September 22, 2009 at 2:49 am

  12. I am here on a H-4 visa. My wife has a H1-B. I have an approved I-140. Will I have to go back to my country of birth if the divorce goes through. The company is doing the greencard prosess. I am still waiting for my work permit to be filed.
    Thanks

    Anton Labuschagne

    September 5, 2009 at 9:30 pm

    • Thanks for visiting our blog.

      Since we do not have all the facts of your case it is hard to give specific advice. Generally, however, an I-140 is employment specific and an approved I-140 means that the USCIS has approved your wife’s employer’s petition to sponsor her for a green card and it does not as such give you any entitlement. Once your wife files for I-485/EAD/Advance Parole, then you will also be able file for your own I-485, EAD and Advance Parole.

      MithrasLaw

      September 22, 2009 at 2:21 am

  13. I have been married for 2 yrs. I received my green card just 3 months a go, unfortunatly my husband and i are not doing so well and are speaking about divoce. My green card is only temporary for 2 yrs. Due to my future divoce would i loose my permanant resident eligibility?

    Ursula

    September 6, 2009 at 1:48 am

    • Thanks for visiting our blog.

      Normally, nothing will automatically happen to invalidate your Conditional Permanent Residence status simply on account of the divorce being filed or becoming final. Typically, 90 days before your two year conditional residence ends, you are eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence. If you are contemplating a divorce you should consult an immigration attorney for specific advice about your situation.

      MithrasLaw

      September 22, 2009 at 2:24 am

  14. I have been married (in Canada) for 11 years. In June 2008 I received my permanent resident card. We bought a home and moved to USA in July 2008. We have two children of the marriage, born in Canada, both dual citizens. If we separate/divorce how will that affect my green card/US citizenship? Will I have to return to Canada given the length of our marriage, but short time living in USA?

    C. Webb

    September 8, 2009 at 4:15 pm

    • Thank you for visiting our blog.

      Your LPR (legal permanent resident) status is not dependent on you being married or how long you have been living in the US (unless you have a conditional 2 year green card).

      So as long as you continue living in the US to maintain your green card status you will not have return to Canada.

      MithrasLaw

      September 22, 2009 at 3:00 am

  15. hello ,

    I have 10 years greencard which i got on marriage basis my husband is now seeking divorce and threatening me that he will surrender his greencard which will make me to surrender my greencard as well. We have been married for more than three years and entered in USA at same time . He went back and i was here living of my own since last year and filled my tax returns as separated status . I don’t even have his name on my greencard . Please advise can he make me surrender my green card .

    Thanks

    Panna Patel

    September 8, 2009 at 6:44 pm

    • Thank you for visiting our blog.

      No, you are not required to surrender your green card and normally, nothing will automatically happen to invalidate your green card status simply on account of your husband filing for divorce or divorce becoming final.

      MithrasLaw

      September 22, 2009 at 2:43 am

  16. I immigrated from canada and have been married to my USC husband for nine years. We’ve always lived together and we have four children together. I want a divorce. It seems to me that your previous posts say that that won’t affect my status. Is it better to apply for naturalization before I get divorced? What happens in five years when my permanent resident status needs to be renewed? Can it be renewed then even tho I’m divorced?

    Victoria

    September 9, 2009 at 12:28 pm

    • Thank you for visiting our blog.

      That’s right– divorce in itself will not invalidate your legal permanent resident status. An application for naturalization, however, will be denied if there is any disruption to the “marital union” such as filing for divorce. So if you intend to become a US Citizen you should seek to do it before filing for divorce.

      MithrasLaw

      September 22, 2009 at 1:47 am

  17. I married a Middle Eastern guy about three years ago during his deportation proceedings. With much work he finally got through the process and received his green card two months ago and left within that week for his country. I since have heard nothing from him and he has sold all our belongings and closed all jointed accounts durning my vacation when I was away. He also returned to his previous wife and four children with his huge lawsuit settlement I knew nothing about. What can I do at this time for a divorce? Will he be allowed to enter the country again to hurt and use this country again?

    Marie

    September 15, 2009 at 1:30 pm

    • Thank you for visiting our blog.

      Yes, he can enter the country if he has a valid green card and he continues to maintain his status. With respect to seeking divorce, you should consult a divorce attorney for help.

      MithrasLaw

      September 22, 2009 at 12:48 pm

  18. I have been married with my US citizen husband for about 3 years and 3 months. We married in a foreign country for love. Unfortunately we are going the divorce. I just received my Green Card Permanent like a month ago. Considering that we were married for over 3 years can I apply for citizen ship? and if yes do you think I will be declined considering that we are going to divorce?? I would appreciate your prompt response.

    Cristina

    September 20, 2009 at 12:12 am

    • Thank you for visiting our blog.

      You must be a green card holder for at least 3 years (since you are a spouse of a US Citizen (USC)) before applying for naturalization so If you just received your green card then you cannot apply to become a naturalized citizen right away and must wait the required length of time. Also the regulations require that your USC spouse must have been an USC during the three year period and that you must be living in marital union with the USC spouse, so filing for divorce will make you ineligible.

      MithrasLaw

      September 24, 2009 at 5:06 pm

  19. Hi
    i got married about 10 years before to my husband ,his family was US citisineship i got my greencard by them before 8 months i got 2 kids of age 5,7 and now they want divorce from me so if i get divorce will i lose my green card,and kids?
    and will i be able to apply for perminate resident or us citisineship?
    pls help me
    thank you

    Yesha PATEL

    September 22, 2009 at 9:26 pm

    • You are not required to surrender your green card and normally, nothing will automatically happen to invalidate your green card status simply on account of your husband filing for divorce or divorce becoming final. To apply for naturalization you need to be a green card holder for 3 years and be married so any disruption to the maritial union such as filing for divorce would result in a denial.

      MithrasLaw

      September 29, 2009 at 2:04 pm

  20. say someone got their conditional permanent residence about a year ago, & would like a divorce from their spouse because things aren’t working out (marriage was in good faith). is it still possible to remove conditions on residence after you have been divorced? & will you still receive your unconditional permanent residence?

    Curious

    September 23, 2009 at 12:33 am

    • 90 days before your two year conditional residence ends, you are eligible to apply with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence. Since you are contemplating a divorce you should consult an immigration attorney for specific advice about your situation. There are limited circumstances in which it is possible to remove conditions.

      MithrasLaw

      September 29, 2009 at 1:57 pm

  21. Hi, My brother married to a US citizen, they’ve been married since October 2006, he got his permanent green card April 2009, now she wants to move to another state that he disagree with, he just got promoted in his current job, started school and want to buy a house in his current state. now she is making his life hard, she asked him to move out which he doesn’t want to, he does love her but she is too much to handle, so he will start the divorce process as now she is drunk all the time. the question is he will finish the 3 year next April 2010 which by then the divorce process could have been started, does he have to wait more years to apply for the citizenship as a divorced is this going to result in a denial of his naturalization application or he has to wait not divorce till he got his citizenship,while living separated?
    Thanks

    Confused

    September 24, 2009 at 2:58 pm

    • Thanks for visiting our blog.

      Your brother must be a green card holder for at least 3 years (as spouse of a US Citizen (USC)) before he is able to apply for naturalization. Divorce or filing for divorce is considered disruption of the marital union and his application for naturalization will be denied.

      MithrasLaw

      September 30, 2009 at 3:19 pm

  22. I am on greencard E 15 staus my husband is filling divorce and i am pregnant with my boyfriends child . My husband knows that . Can he apply to cancell my greencard on morality basis ???

    panna

    September 24, 2009 at 6:46 pm

    • Thanks for visiting our blog.

      If your husband alleges that the marriage was not bonafide and based on fraud – it can be a ground for revocation of your green card. Depending on the length of your marriage and depending on whether your marriage was in good faith, the immigration authorities are not interested in investigating as to what goes on in the bedroom.

      MithrasLaw

      October 2, 2009 at 3:31 pm

  23. I am a permanent resident & have been married to my US citizen wife for over 4 years.We have been living together in the US for more than 3 years & have been a Green Card holder for 3 years and 1 month now, our marriage was based on love,recently our marriage is breaking a parts and both knowing that our marriage was falling apart, one day she saw me driving in the car with another woman and because of anger she falsely accused me of stealing her ex-husband’s car that I had permission to use and charged me with theft & assualt which I never touched her. I went to jail an innocent victim and it has costed me lots of stress and money to get out.Once I got out of jail she filed a annulment divorce.After all this what I have been really traumatized,scared and unfairly treated by us laws and really dont know what to do now? Will I loose my permanent residence card? Will I loose my eligibility to apply for US Citizenship?
    Regards,K.

    Kobe

    September 29, 2009 at 6:23 am

    • Kobe,
      Thanks for visiting our blog.

      To be eligible for naturalization, USCIS requires a person must be of good moral character and committing certain crimes can cause one to be ineligible for naturalization. Theft and Assault and considered crimes of moral turpitude and can be “bars” to naturalization. Unfortunately for you, having a conviction of these crimes can negatively impact your naturalization application. You may consider seeking advice from an experienced immigration attorney if you decide to file for naturalization.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      October 5, 2009 at 3:25 pm

  24. i have a greencard since 2007 however my husband and i moved back to germany but we are not longer together. i have a son thats born in the us but my husband still lives in germany(he is a american) with my son. can i live in the states without him? is my greencard still good??

    juliane

    October 1, 2009 at 4:56 am

    • Juliane,
      Thanks for visiting our blog.

      Yes, you can continue to live in the US without your husband so long as you maintain your green card status.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      October 5, 2009 at 3:29 pm

  25. I married to my husband in March 2009. My husband has been staying in US since 5 years. I moved to US with him in May 2009.Now he wants a divorce. We applied for the green card together in May 2009. I am not in US now.We are thinking of filing for divorce in Oct 2009 in India as marriage happened in India.I have received my work permit & advance parole as told by my husband.Will the divorce proceeding before the green card arrives affect his green card or my green card? We are hoping to receive the green card by Oct end or Nov beginning.

    Jenny

    October 1, 2009 at 6:10 am

  26. Hi My wife and I are married for 4 years from India. I am on H1 and my wife on H-4. My company is currently trying to file the I-140 and the I-485/EAD together under EB1 category. However, we are currently contemplating a divorce. My questions are:

    (1) If I go ahead with the application and a divorce happens before it is approved will it affect the chances of approval of 1-140 or I-485 for either of us?
    (2) Suppose the divorce happens after I-140 and/or I-485 are approved, will it disqualify my spouse from getting the green card and nullify her approved 1-485?
    (3) Will I be able to apply for the green card for my future spouse if I were to marry again. The fact that one was already applied for my wife will have any effects? Will I have to apply separately? Would I be able to apply for her also under my EB1 status to speed up the process?

    Your response will be highly appreciated.
    Thanks.

    Abhishek Patel

    October 2, 2009 at 7:13 pm

    • Abhishek thanks for visiting our blog.

      Since your employer is petitioning for you based on your employment, divorce does not generally affect you. If you have filed for divorce before your spouse is able to adjust status then it will affect her chances for a green card. Yes, there is no limit on number of times you can apply for a spousal green card, so if you re-marry you can apply for your future spouse.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      October 23, 2009 at 2:48 pm

  27. Hi my name is Carmen and I’m in love with a guy who’s getting divorce, he got married with an illegal girl like 5 years ago and now she has a green card and we’re waiting for her to sign the divorce, I’m a foreigner as well and we want to get married after they get divorce. Can he get married again with a foreigner if he got married before with a different foreigner? I’m legally working here in USA and my visa expires in January 2010 and I’m going back to my country, can we still apply for a fiancée visa? Even if he was married before with an illegal? I’ll really apreciate your response! Thanks and have a good one.

    Carmen

    October 2, 2009 at 8:20 pm

    • Thanks Carmen for visiting our blog.

      There is no restriction on marrying immigrants and your to-be fiancee is free to marry you after he divorces his present wife. It is not, however, clear from your query what the current immigration status of your to-be fiancee is and assuming he is has a valid immigration status he can apply for your fiancee visa.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk

      MithrasLaw

      October 23, 2009 at 3:09 pm

  28. i am married to a us citizen for 4yrs and 10mos now. i am residing here in US since november 2006. i received my conditional resident card on november 2006 and then i received my permanent resident card on june 2009. i got pregnant by other man, not with my spouse. can i apply for a citizenship now with this situation?

    maria

    October 8, 2009 at 4:45 am

    • Hi Maria thanks for visiting our blog.

      You must be a green card holder for at least 3 years (since you are a spouse of a US Citizen (USC)) before applying for naturalization so you will become eligible to apply for naturalization soon. Also the regulations require that your USC spouse must have been an USC during the three year period and that you must be living in marital union with the USC spouse, which means if you are living with another man or intending to file for divorce it will make you ineligible.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      October 23, 2009 at 4:04 pm

  29. Hi!

    My niece got married in Hungary two years ago to a Ukrainian-American citizen. She got her permanent card in this April when she entered the country with her new born baby who was born in Hungary. She and her husband are resident in New York city. Her husband and her mother in law are abusing her verbally. And of course her husband saying ” I am with you because the baby is mine” She is afraid that her husband may hurt her. She want divorce, but she does not know what to do. She does not want to loose her baby.
    Thank you

    edi

    October 11, 2009 at 4:31 pm

    • Hi Edi thank for visiting our blog.

      Sorry to hear about your niece’s situation. Normally, nothing will automatically happen to invalidate your niece’s Conditional Permanent Residence status simply on account of your niece filing for divorce or divorce becoming final. Typically, 90 days before her two year conditional residence ends, she becomes eligible to apply jointly with her U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence. If, however, your niece is seriously contemplating a divorce she should consult an immigration attorney for specific advice about her situation.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      October 23, 2009 at 3:45 pm

  30. Q. My husband and I got married july 2006. we filed for divorce in 2008, after we filed for divorce he applied for permanent resident. Now I know and have evidence he married me for papers, can i report him and have his green card revoked?

    janice

    October 12, 2009 at 11:34 pm

  31. HI, I married my husband 8 months ago and I just obtained my green card for a month ago. I foudn out that he cheat on me and the final decision is we having a divorce. So, if after two year ( my green card will be expired) Am I able to stay in US? also, if in the two year of the green card, I fell in love with another us citizen, do we have to start the application again at that time or we have to wait until my green card expire or what should we do ? I’m very appreciated your help
    Thanks.

    Helen

    October 15, 2009 at 3:35 am

  32. I married a US citizen back in 1989 and I got divorced in 1991. During that time I started the process of adjusting my status, but we ended up divorcing before I was supposed to get my green card. Is it worth it or is it even possible to ajust my status based on that case?

    Another alternative to adjust my status is to have my sister, a US citizen, petition me. If I follow that route, how would it affect me? I’m currently working with an expired permit and I can’t afford to lose my job since I have a child to support. Any input is appreciated.

    Jose

    October 23, 2009 at 7:34 pm

    • Hi Jose,

      Thanks for visiting our blog. To apply for adjustment of status you must be both eligible and admissible. For adjustment of status it is important for you to show that you have maintained your legal status. Based on your facts, if you are out of status and working with an unexpired permit, you may not be able to adjust status.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      December 21, 2009 at 6:38 pm

  33. Hello, I got my conditional green card in April 2008. My divorce is final this week. I have a current girlfriend that is pregnant with my child. What is our best recourse? I’m not sure if we are ready to get married or not yet, but we have discussed since we care about each other and we have the baby on the way which is due April 26, 2010. (so happens my care expires April 4, 2010)

    Luis

    October 24, 2009 at 4:57 am

    • Hi Luis,
      Thanks for visiting our blog.

      Typically, 90 days before her two year conditional residence ends, you become eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence. Based on your facts, if your divorce is final you will not be able to obtain unconditional permanent residence after your conditional card expires in April 2010. You should seek advice from an immigration attorney to explore your options for maintaining your legal status.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      December 21, 2009 at 6:42 pm

  34. Hey I will like to know this:
    Im marry to an .S. Citizen, we been marry for almost 4 years, Im fixing to get my green card next month!!
    My question is I wanna get a divorced,
    will this affect my residence¿?
    can he do anything to get it avoid or somenthing like that¿?

    Julia

    October 27, 2009 at 7:51 pm

    • Hello Julia,

      Thanks for visiting our blog.
      The answer depends on whether or not you received a conditional green card. If you have a conditional green card, then 90 days before your two year conditional residence ends, you become eligible to apply for removal of the conditions and obtain an unconditional permanent residence but this must be done jointly with your US Citizen spouse. So if you have divorced by then you will not be able to get an unconditional permanent residence. If you received an unconditional green card then the above restriction does not apply.

      Hope this helps.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      December 21, 2009 at 7:16 pm

  35. I have a question? I was married to a us citizen in 2006. I came to usa in 2007, and went to city hall married the day after. But unfortunately the marriage won’t last. My ex-husband filed the divorce a week later the married date. I was applying for the Social Security, I received it, but I lost it. I also lost all of my original documents when I came to the usa. Such as my original passport, visa, Social Security card, and everything else. Am my still be eligible to apply for my green card, even if I do not have that documents? And Also how can I be able to re-apply all of my documents if I don’t have any original documents? I have been here for almost three years in february 2010. Am my a legal resident here yet? of I am out of status? But I was married here usa already and also received SS# too. Am my legally yes or no? What can I do in order for me to become legally us resident and apply for a green card. I was also received the temporary card for work petition too. Do I still need my ex-husband for all of the paper work, or I don’t have to have him help me? I am appreciate if you are sending me an answer, thank you

    elenny Ng.

    November 2, 2009 at 4:07 pm

    • Hi Elenny,

      Thanks for visiting our blog.

      Initially, it is recommended that you try to obtain all the original documents, particularly your social security card and your passport. You can go to the local Social Security Office and apply again and contact your embassy to apply for your passport. You will need copies of these documents for applying for a green card. Whether you are lawful as yet or not would depend on the visa status you entered the US and whether you ever applied for a green card based on your marriage.

      Hope this helps.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      December 21, 2009 at 8:07 pm

  36. Hello, My husband and I have been married for 2 years and 4 months. Hes from scotland and I am a US citizen born and raised in LA. We met in High School and we fell in love and married. However, we have come to discover that we are unhappy in our relationship and marriage is not the life we want. We married because we were in love and I had no idea he didn’t have papers until 2 weeks before our wedding. We have been to one interview which was Feb 2007 and we are told we have one more around Feb 2010. We want to both file for a divorce but we are not sure if this will conflict his immigration situation. Should we wait till our second interview or is it ok to file for divorce now? Please give me some answers!! I would highly appreciate it. Thanks.

    Marcela

    November 2, 2009 at 7:32 pm

  37. I married in September 2007, got my green card in December 2008. I have a child through the marriage,and am expecting another child with him, but I am very unhappy with my husband. He is a bully and attacks everything about me all the time. I want a divorce. Will applying for a divorce at this stage, hurt my immigration status. Thanks

    sharm

    November 6, 2009 at 12:54 pm

    • Hello Sharm,

      Thanks for visiting our blog. The answer depends on whether or not you received a conditional green card. Assuming, you have a conditional green card, then 90 days before your two year conditional residence ends, you become eligible to apply for removal of the conditions and obtain an unconditional permanent residence but this must be done jointly with your US Citizen spouse. So if you are contemplating divorce, then you will not be able to get an unconditional permanent residence. If you received an unconditional green card then the above restriction does not apply.

      Good luck.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      December 22, 2009 at 6:15 pm

  38. My mother who recently received her 10 yr green card this year 2009 along with my younger brother is a bit weary of my stepfather divorce proposal. I would like to know the following.
    1. Can she still apply for Citizenship despite of the divorce and for having a 10 yrs GC?
    2. Can you give us guidance what will be the best way on handling this type of cases?
    3. Does she have the same rights like any others Americans on Divorcing process especially for regular marriage without pre-nuptial agreement?
    Ex: Properties,Alimony,Disruptions,Medical Benefits and such?

    Im glad i can across your blog and found it very helpful.

    Thanks

    Eric

    Eric

    November 6, 2009 at 10:14 pm

    • Hello Eric

      Thanks for visiting our blog.

      Yes, your mother should be able to apply for her naturalization (citizenship) after being a green card holder for five years and divorce should not impact her ability to apply for citizenship. As for guidance on the divorce process, etc. , it is suggested you contact a divorce attorney.

      Good luck.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      December 22, 2009 at 6:25 pm

  39. Thanks, great website, I am glad there’s sources like this.

    Question, me and my wife have been living together and in this relationship for 2 years and a half and we are married for 1 year and a half, turns out we are having HUGE issues, not in my side, but she treated me to divorce and cancel our petition.

    I have the 2 years conditional residence card for 6 months already and it goes for 1 year and a half more so I can apply for full residency, our relationship is based in love and we have been living together for all this time, our differences are to bad to overcome and it seems there’s no hope, even though I don’t want us to divorce (I am not cheating neither she is, we are just terrible together lately).

    I am afraid I will lose all I have because the mortgage and all the stuff in our house -including my debt- it’s in my name, I am a business owner and I do very well, I have a child from my ex wife that I support and love.

    Is there anything to protect me so I don’t lose my process to become a full time resident/citizen? or am I really screwed … I have been in the US for 9 years and a half, been 6 under a non legal status (although I pay all my taxes and do everything right for all this years) prior my marriage … I am very concern and devastated, please advise.

    O.

    Hello

    November 7, 2009 at 7:25 pm

    • Thanks for visiting our blog.

      Since you have a conditional green card, you need to wait 90 days before your two year conditional residence ends, and that is when you become eligible to apply for removal of the conditions and obtain an unconditional permanent residence but this must be done jointly with your US Citizen spouse. So, if you divorce by then you will not be able to get an unconditional permanent residence and this can jeopardize your stay in the US when your conditional green card ends in a year and half. So your options are to stay married until you obtain an unconditional green card or then be able to transfer to another visa legally.

      Good luck.
      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      December 22, 2009 at 7:30 pm

  40. Here is the story, I been married to a US Citizen since 2004. I was on an H1B visa, and in 2007, finding a better job with my immigration status was difficault even though I have a graduate degree. So me and my wife have decided its time to apply for my green card and my Us citizenship and so we did in 2007.

    In 2008, I recieved my Permenant Green card which will expire in 2018.

    Lately, the marriage has been extreamly rough and things happened between us that calls for a serious considiration to continue the marriage or not.

    we have decided to seek outside help such as marriage cons. but things are still not progressing to the best…

    Here is the question, If things got worse and a divorce has been decided . . . what sort of effect will that have on my permenant green card and my chances of applying for a US Citizenship??

    and, I welcome a lawyer that will assist me with my case.

    Thanks,

    Binth

    November 10, 2009 at 12:13 pm

    • Hello Binth,

      Thanks for visiting our blog. Since you have a permanent green card, a divorce will have minimal effect. A divorce will not invalidate a granted green card since you have received an unconditional green card. However, you may have to wait 5 years to apply for naturalization.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk

      MithrasLaw

      January 21, 2010 at 8:03 pm

  41. My ex husband and I married in June 2004. I was granted permanent residence on October 2005. We separated in June 2008 and our divorce was approved in July 2009. Am I eligible to apply for naturalization based on the 3 year rule or do I have to wait until Octobe 2010 which will be my 5th year of being a permanent resident?

    Thank you.

    Sienna

    November 10, 2009 at 4:59 pm

    • Hello Sienna

      Thanks for visiting our blog. Divorce terminates marriage and you will have to wait 5 years to apply for naturalization.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk

      MithrasLaw

      January 21, 2010 at 8:05 pm

  42. Hi,
    My husband and I have recieved our Permanent Residnet card last year (good for 10 years). My husband was a sponsored by his job. We both filed together and recieved the cards at the same time. We have been married for over 6 years and have an 18 month old child. We would like to get divorced. Can I lose my greencard? will I be able to apply for citizenship after 4 years? or can I renew my greencard before it expires? (When we filed for adjusment of status I was a dependent)
    Thank you for your help.

    Natalie

    November 14, 2009 at 1:26 pm

  43. It seems like once these people get there green cards the marriages seem to go down hill.It seems like these marriages are just for the green card.

    nirmala

    January 29, 2010 at 2:43 pm

    • AND I THINK YOU NOT ANSWER , SO PLEASE NEXT TIME IF YOU DONT HAVE THE ANSWER DONT BOTHER YOUR SELFE BEACUSE HERE WE LOOKING FOR HELP NOT FOR YOU

      Salm

      February 10, 2010 at 10:26 pm

  44. I AM A GREEN CARD HOLDER , I CAN PRING OVER HERE IN USA MY MOTHER AND MY FATHER WITH APPLYING FOR THEM TO BE PERMANENT RESIDENT?

    THANKS

    Salm

    January 31, 2010 at 1:36 am

    • Thank you Salm for visiting our blog. You can apply for a green card for your parents only after you naturalize as a U.S. Citizen.

      All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.

      MithrasLaw

      February 10, 2010 at 10:04 pm

      • THANK YOU SO MUCH THAT WAS REALLY A HELP

        Salm

        February 12, 2010 at 4:35 am

  45. hey i came to US march 2005. my husband sponsored me. but now things are not working out. i want to separate. is it a good idea to file for citizenship before i file for divorce or i should get a divorce first? would it come it in the way if i file for citizenship after?

    thanks. really appreciate it.

    Akeel M

    January 31, 2010 at 11:04 pm

  46. Ok so we got married in aug-2002 i got my permanent residence card on 11-05 .It looks like we are getting a divorce can’t get along.We have a son born 06-02 a US citizen.we own a house together and married cause we were in love.I am canadian ..if we get divorced do I need to notify immigration ? can i apply for us citizenship on nov 2010 ? I also signed a waiver when they gave me my permanent residance for a crime i did in canada in 1997 will that effect my applacation for a US citizenship
    thank you

    luke

    February 1, 2010 at 12:33 am

  47. I have my unconditionel green card. I have been married since 2006 and areseparate from my spouce there is a divorce case pending. My question is that can I stil apply for citizeship while being separated from my spouce?

    Jeanespoire

    February 8, 2010 at 10:13 pm

    • NO IN THIS CASE YOU HAVE TO WAIT 5 YEARS. BECAUSE THEY WILL ASK FOR PROOF THAT ARE LIVING TOGETHER, AND IF YOU DON’T HAVE THOSE PROOF THEY WILL DENIED IT AND WONT REFUND YOU THE MONEY YOU PAID.

      YESSY

      July 8, 2010 at 2:52 pm

  48. I CAN APPLY FOR N-400 NOW AND ALL THE CONDITIONS QUALIFIED EXCEPT IT WILL BE 9 MONTHES FOR GREEN CARD HOLDER TO BE THREE YEARS, I MEAN I CAN APPLY NOW BEACUSE ITS TAKE TIME , OR I HAVE TO WAIT TILL 90 DAYS BEFOR, I MEAN ITS OK IF I APPLY FOR N-400 AND SEND IT NOW?

    THANKS

    Salm

    February 12, 2010 at 4:31 am

    • YOU HAVE TO APPLY WITHIN THE 90 DAYS NOT BEFORE, BECAUSE THEY WILL REJECT YOUR CITIZENSHIP APPLICATION, AND YOU ALSO HAVE TO SEND PROOF THAT YOU ARE MARRIED TO A US CITIZEN FOR THE LAST 3 YEARS, AND PROOF THAT ARE STILL LIVING TOGETHER. HOPE THIS HELPS.

      YESSY

      July 8, 2010 at 2:51 pm

  49. I have been married 2 &1/2 years to an american girl. I got my green card in April of 2008 and now my wife has seemed to change drastically. She has had me arrested for making threatening comments to her that never happened. Now I am on probation for the next 12 months. I am wondering how this will affect my case for citizenship? We are currently still married and trying to work things out. She has admitted to me that she is sorry for lying about the incident but she is being pressured from outside sources to say that I am a bad person. This is causing me alot of strain and stress in my life. I am seeking any advice you can give.

    frhat

    February 20, 2010 at 9:53 pm

    • THAT HAPPEN TO MEE A 100 TIMES IN DIFFIERENT WAYS BUT I AM NOT GIVVEING UP ALSO YOU TRY TO STAY STRONG , AND YOU HAVE TO WORK OUT WITH HER ON TRUST SIDE , AND TO BE HOUNEST WITH YOU I NEED ADVICE TOO BUT I LET YOU KNOW YOU ARE NOT THE ONLY ONE HAVE THIS AND I HOPE THAT MAKE YOU FEEL BETTER . HOPFULLY WE CAN FINED SOMEBODY GIVE A GOOD ADVICE.

      Salm

      March 24, 2010 at 1:44 am

  50. Hi, I have been married to an American citizen for over 6 years now and we currently live in the United Kingdom as I am a British citizen.

    I want to go and live in the States with my wife and I am currently in the process of applying for a green card. However I have certain responsibilities here in the UK and therefore must travel for at least 5 months per year, will my green card be revoked if I leave the states for roughly 5 months of the year for business trips?

    Also I want to do my Masters in the UK as I have been accepted into a good uni. This will take a year to complete but during my summer holiday I will be visiting the States. Is there any cause for concern?

    Thank You

    John

    March 14, 2010 at 7:36 pm

  51. Im a US citizen and my Husband’s Filed for divorce so that he can file for form I-751. Once the divorce is granted, can i remarry in the future or do i still need to file for divorce since I’m the US citizen?

    Nina

    March 17, 2010 at 6:41 pm

  52. I’ve been married for ten years, we have two kids we have a house but three months ago i got my green card for ten years and my wife wants to get divorced so can i lose my green card if she cancels it? can she take it away?

    jorge

    March 27, 2010 at 6:03 pm

  53. Hi
    i met my wife (us citizen)on the internet in year 2005 she came to India we got married with Indian law , now i came US in Dec 2009 and i got a 10 years green card(unconditional green card and ssn)but the problem is she have 2 kids from her two ex-boy friends,now our marriage is not working out and i am getting a gob job in other state she is not allow me to go – and other problem is when she came back US after marriage she did not update her status she is still single on papers.
    my question is if i will live in another state it could be any problem on my green card because my marriage is fully mentally harassment and our culture are not clashing also – and how i can get divorce from her. please help me out from this situation

    kaka

    April 12, 2010 at 12:40 pm

  54. Today my husband of three years told me that he was in love with another woman and they were expecting a baby. My husband, has a permanent resident card but still has a one year conditional residency status. (??)

    I petitioned for him when we married. We only lived together a few months out of the year until 5 months ago he walked out and took everything, before he got his card. I hate to seem dumb,but I fully believe my marriage was a only for a card. Can I do anything?

    Jen

    April 17, 2010 at 2:20 pm

  55. Hello. I am a USC and my marriage to my wife is not working out. She is pregnant with my child and I am seeking a divorce and will give birth soon. I applied for her to come to the US on a fiancee visa and then married her in the US when she arrived. We have been married for two years. I have no ill will against her, but I do not want to deport her or lose my child because she is the mother of my child.

    Trev

    April 18, 2010 at 8:34 pm

  56. My brother-in-law left the U.S. after getting his green card with a two year extension for India in Dec.2005, now it has been 2.5 years, can he re-apply to enter the USA?
    Please advice.
    Thanks,
    Gopi

    Gopi

    April 21, 2010 at 8:56 pm

  57. Hi

    I have been a legal permanent resident since 2001 and had a green card since 2004. I was married to a US citizen in 2000. We are in the eearly stages of a divorce and we have a son together who is 4. I want to apply for citizenship as my green card expires in 2014. could there be delays or problems with this? Thank you.

    Frances Seward

    May 4, 2010 at 10:37 am

  58. Hello everyone, I am new to this forum. I got in trouble and advised by a friend to post on this forum, My story is

    Me and my wife got married in 2007 and we applied for I 130. I got IR1 visa last year.
    We were doing fine until then. but I had some issues my wife. i never wanted to live with her family.
    (she lives with her family in US). But we decided after marriage that when i would come to US she will leave them and come to live with me.

    but when i was coming to US last year she refused to leave her family and threatened to cancel my visa.
    her family is too interfering. She said she didnt want me to come to US but she wants to think about our marriage for some time.

    so i came to us to US without informing her last year. and contaced her on reaching US. i wanted her to come live with me. she received my permanent green card-10yr on her familys address. I ve emailed her several times to come and live with me. I stayed in US for 3 months but then i got tired and came back to india. I am here for 2 mnths now and want to go back in june this year as i have a good job offer. my wife said that she will not let me re enter US. she will inform USCIS/ICE and get me deported from air port.

    we are not divorced yet, i want to work out issues with her. ours was arranged marriage tho.

    She is blaming me of fraud marriage now, although we have been married for almost 3 yrs now.
    (but lived together for 2 months immediately after marriage). I always thought that we have differences coz of different cultures and i ll overcome them soon. but things are not workoing now.

    can she ban my entry in USA at POE in june?
    can she revoke my green card?

    thank you very much for ur answer in advance.

    Ahmed Khaliq

    May 5, 2010 at 6:47 pm

  59. Hi,

    My husband and I both applied for GreenCard in 1997 by ourselves. I got 10yr greencard issued in 2006. my husband applied for divorce in 2004. I moved to india in 2006. my kids 4 are us citizens. I just found out from internet that he got divorce in feb. 2009.

    will i be able to reenter US? will there be any problem in getting my US citizenship? when can I apply for it? can I apply from India? please note that I am a canadian citizen.

    also note that, he got a default divorce without serving me any papers. I found out that he even applied for divorce in 2004 only through the internet. Can i apply for alimony, child support from here? can I appeal the divorce?

    What are my options? Thank you.

    Regards,
    Priya

    priya

    May 18, 2010 at 9:33 am

  60. Hello.

    I have been married for 7 months to a USC. I am a few weeks away from receiving work permits and SS card but have recently found out my husband concieved a child with an ex around the same time as our marriage.

    He is now leaning towards starting a new life with this baby being in the equation as I have not immediately folded and accepted his infidelity. I am devasted and moved in with a friend when I found out he was cheating (only found out about the baby recently). What can I do to proceed with my paperwork? Do I have to leave the USA because of his mistakes?

    I came in under a UK tourist visa to CA 3 years ago and have known him / been with him 2 years. Married for 7 months and it was good faith although he may deny this now with his current situation because he wants to keep this baby in his life. She doesnt know hes married. He is apparently moving her into the family home in anticipation of the birth in the summer.

    Please advise me as I think there is an interview we both need to go to coming up after the SS/work permit is issued and that scares me as he is so involved with the new relationship/baby.

    Thanks

    Mia

    May 18, 2010 at 8:37 pm

  61. I just got married with a US. citizen and he got a girl pregnant, we found out right after our INS interview!
    If we file for a divorce, can I still renew my work permit after a year? (first work permit is good for 1 year) but the green card is valid for 2 years.

    If I file a divorce, I won’t be able to keep my green card status after two years , correct?
    What should I do before my green card expired?

    Please help,
    thank you very much

    Lumme

    May 19, 2010 at 8:51 pm

  62. Eight months ago my husband got his condicional visa , he traveled to his country supposedly to visit his family when he returned told me that our relationship was not working and he asked me to leave the house where we lived together, one of his relatives told me that he get married with other woman in his country. and it was all a plan to get his green card and leave me as soon as he get it..
    I can’t afford an attorney, what I can do in this matter?

    The conditions of the visa can be removed even without my assistance to the USCIS Appointment?

    Nina

    May 23, 2010 at 9:56 pm

  63. I’m a USC and married my husband which had a TPS status and applied for a greencard. We have been married for 1 year and a half but I am not happy nor is he, we married for love but unfortunetly things have changed, can I divorce him eventhough he has not received his resident card? will it affect him from getting it? Can I just seperate instead?

    Cathy

    September 14, 2010 at 4:20 pm

  64. My wife and I got married in April 2006 and a couple of months after that she started the process to obtain her citizenship. She over stayed after her student visa expired and I now believe she was using a fake social security number to work.

    I starting believing that she married me only for paper work because she was insistent on us not having anyone else at the wedding and that it should be private. I grew more and more suspicious and finally asked her to leave our house early 2008.

    She thereafter would come and beg that we not have a divorce because she wanted to get her green card. I felt sorry for her and did not divorce her. It wasn’t until a couple of weeks ago that she called me saying we can now have a divorce. I asked her if she got her green card/citizenship. She said she let it lapse.

    But, some mail was still coming to the house and I found a 1-797 notice of action form with a Application number on it. I went to DHS website and put number in and the result was:
    Your Current Case Status for Form CRI89, PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED

    This occured on there August 2010. What does this mean? Did she lie to me. I really just want to call DHS and report this as a fraud marriage, not to get back at her, but because I feel really that she has used and manipulated me and continues to do so. Will I get in trouble for having not reported my suspicion. At this point I really don’t care though.

    Please inform

    Regard,

    Jim

    Jim

    September 21, 2010 at 12:37 am

  65. Hi,I been married for 25 years got married in 86 so I have a permanent green card no experation date,me and my husband are separate and I’m thinking about going back to Germany to live there for a couple years or maybe stay there,my question is do I lose my status if I come only once a year back to the state because my daughter lives here and she is an us citizen so I would like to go back and forth,but im not sure if I lose my status then i would have to apply for a visa. Thank you for ur help.

    Carmen

    September 21, 2010 at 3:55 pm

  66. Me and my girlfriend want to get married. I am a foreign national and currently on F-1 visa here in the US.

    The issue is that my girlfriend became US Citizen thru marriage (3 year process) and shortly after that she got divorced. Their marriage was bona fide but did not work out towards the end so they ended it.

    How long should we wait to get married and is USCIS going to be suspicious about it because she became citizen thru marriage? I would like to get a conditional green card so I can work. We live together and our marriage will be bona fide but might just raise a red flag because looks like she is jumping fast from one marriage into another.

    Savio

    September 24, 2010 at 1:32 pm

  67. I been married for 1 1/2 years and we just enter the united states 2 month ago, well he has had a hard time with the army and now he is out and from one to another day he came home and said he is out of love and want a divorce, I told him I going to fight for him but sometime you cant do anything. He said it will take up to 3 month if I sign and if not 6 to 8 month till we get divorced. I got 2 kids sean is 7 and melody is 3. Both are u.s citizen not from my marriage. I got a permanent residence. I am from Germany and I gave up everything what I had and I was wondering if I can stay here after I got a divorce, because everything is here, my households goods and my car, I got a job and sean never been to German school he is in 2 grade, and it would be to much on them to move again. My husband family is supporting me and will even after I get a divorce. My husband got PTSD and hurt me emotionally really bad. Can I stay here with my kids?

    Debby

    October 4, 2010 at 11:20 pm

  68. I have been married for a year now and just got my green card issued on July 2010, my husband and I have a 10 month old son together he was born in the United States and is an American citizen like my husband, he has become a very abusive person for the past couple months which had led me to consider a divorce, since i am very lonely and i dont have family over here where we live i’ve been thinking about moving back to my country with my son (with my husbands agreement), will i loose my green card rights?

    if my husband does not agree with me to take my son back with me and i stay in the states can i get a divorce without loosing my green card?

    the first scenario is what i would prefer to happen, thank you so much in advance for your help and guidance it is highly appreciated…

    Gabriela

    October 7, 2010 at 8:55 pm

  69. Hi,
    I came to the united states based on a marriage of love with a us citizen. After 2 years I received my 10-year resident card. Unfortunatly we got divorced shortly after that, based on problems that couldn’t be fixed. I recently got remarried. In what order do I change my name on resident card (if needed at all), pasport, DL and social security card. I don’t know where to start!
    Thank you!

    Peggy

    October 22, 2010 at 9:01 am

  70. I married a Us Citizen and I got a greencard in 2008 and as things didnt workout,out desputes finally lead to divorce after 3 years.After getting citizenship If I marry anyone else Am I able to sponser greencard.

    jyothi

    December 2, 2010 at 5:59 am

  71. hello my name is kamel i’m in USA for 1 year since December 2009 and i’m married with citizen women but our marriage is not working at allr and i have my Permanent Resident for 2 years so now she want divorce and we still good friend and i’m nerves about my green card so i can have it or not thank you so much :)

    kamel

    December 24, 2010 at 4:05 am

  72. Hi,
    I’ve been married to USC for 6months. We have a 2year old son born in Us. I havent applied for the gcard yet cause he’s refusing to do that cause he wants a divorce. Neither of us have applied for divorce as yet. What can i do?

    susan

    December 28, 2010 at 6:23 pm

  73. I am a natural USC. My ex husband and I were married in 1983 for love. We divorced in 1992, but are still the best of friends. I remarried and my husband and I relocated to another state. Believe it or not, my ex followed us here and we all get along just fine. My ex obtained his Green Card back in the 1980′s. Now my sister-in-law (whom I don’t get along with) is looking for trouble and questioning whether or not my ex is an “illegal.” He has maintained his green card status for all of these years. Can she get him deported because we divorced?

    June

    January 18, 2011 at 3:13 am

  74. Please, someone has to help me out. I was an immigrant on F1 visa from England. I have been married to my US wife for 8-months now. We married for love. I have gotten my tempprary conditional green card. I just discovered that she is not meant for me as she suddenly came up with behaviors that really turns me off. I love her but she seems to be constantly happy to see me angry. Now, I want a divorce. Will I be able to get my unconditional green card after two years if I go for the divorce. Please help, I am totally confussed.

    Aron Taintor

    January 21, 2011 at 6:13 pm

  75. hi
    I married to an american guy 1 year ago,but I have temporary green card and I want divorce him,if I do that, then after 2 years I cant receive my permanent green card and I should leave US?

    asal

    February 8, 2011 at 4:17 pm

  76. i am a u.s. citizen and i am looking to divorice my spouse who is from mexico and just recieved his legal redience card five months ago. How long do i have to wait to file for divorice so the immigration will not take away his citizenship.

    sarahalvino

    February 17, 2011 at 5:09 pm

  77. Hello I am a us citizen and I have been married for 2 years to a immigrant. throught out the years he has cheated and had more children outside of our marriage and Im beginning to think that he married me just to stay in the states. people say that they have a number of children in the us to stay here and I was wondering will that give him rights to stay in this country? also I wanted to kno how long do you have to stay married to become a us citizen or do you have to married at all. he has his 2 year interview coming up and i feel all confused

    cant take it

    February 20, 2011 at 12:41 am

  78. I came to America as the spouse of a united states citizen in January, 2008. In October, 2010, I separated from my wife and my wife applied for divorce in the same month October, 2010, but until now, I still her husband because there is no divorce document from the court. Can I apply for naturalization as the spouse of a united states citizen.

    Munaf Ali

    April 4, 2011 at 12:45 am

  79. Hello,

    I received my greencard through employment (EB2). I am also married to an american citizen. For citizenship application, do i have to wait 3 years or 5 years?

    adam

    October 1, 2011 at 9:37 pm

  80. I have a problem my mom got married with my step dad in 95 or 96 in the u.s she is now a u.s citizen but she was still married with my real dad which was in another country but he left us when we were younger. Now my step dad is treating and blackmailing us saying if we don’t move out he will report us to immigration and take away my mom citizenship and my brother and i residency can he do that? Ps my mom finish the divorce with my real dad already in 08 and my step dad been arrested for domestic violence and just got charge with a felony this year and he knew my mom was married and still married her telling her that doesn’t matter in this country.

    Gabriel

    October 21, 2011 at 12:59 am

  81. Hello I have been a Legal Resident for over 15 years, I am also in the military, I am more than qualified for U.S. Citizenship and I’m in the process of filing for them. My question is, Can I marry a foreigner now or do I have to wait until I’m a citizen? Also how can I get her here to the United States the fastest?

    Jose

    October 23, 2011 at 10:10 pm

  82. My husband’s green card has become unconditional for 11 months now, and we have been seperated about 5 months, how can I complaint to immigration that he had manipulated me to stay in marraige just for the benifits of green card, and deport him?

    sam

    November 14, 2011 at 11:00 pm

  83. Hi I got married to USC in 2001 and she divorced me in 2004. I got my permanent green card through her and did five years of my residency here. Now i want to file for my naturalization and wondering what complications I can face. Am I eligible to file for naturlization? I have all the proof of legitimate marriage and paper work. Whar are my chances?

    ali

    November 17, 2011 at 11:30 am

  84. can the gc holder spouse remarry us citizen

    joanna

    December 31, 2011 at 6:14 pm

  85. I have my permanent green card through my spouse who is a US citizen for already seven years. We have never lived in the same state during marriage because of College and work. I still lived in his house in California where we lived together before getting married and he lives in Arizona where was able to find a job and likes in a house webought during our marriage.

    After almost 7 years of having my permanent green card I would like to apply for my citizenship.
    We are married but we havent lived together all these years.
    Could this situation affect to get my citizenship?

    thanks

    sol ortiz

    January 12, 2012 at 10:09 pm

  86. I married to a US citizen in 2006 and we have been living together for 6 years. I moved to the US in October 2009 and received my permanent resident card (green card) a month later (Nov 2009). I’m a full time researcher at the university.
    Now due to some problems, we want divorce. What happens now to my citizenship status? I’ve been living for less than 3 years with my wife in the US. Am I still eligible to apply within the three year time frame?

    Nick

    March 3, 2012 at 1:12 pm


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