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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Question Applying for Divorce After Filing for Citizenship

    Hello,
    My sister is going through a very tough situation right now. She is permanent resident and will be applying for citizen next week. But just last week she has been told for a divorce from her husband side. He has an extra marital affair and my sister always wanted that he will stop that and be loyal to relationship again. But may be its not possible now, though her husband is willing to cooperate her in her citizenship process. I just want to understand the rules in this area and then of course suggesstions before I advise something to her

    What if shes file for citizenship & then they file for divocre ?. I think citizenship will end before divore will get finalized. In that case can she take advantage of this and become citizen before they finally separate Or USCIS can see the on going divorce process & won't give her citizenship ?

    Thanks
    Kim

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Applying for Divorce After Filing for Citizenship

    She should be consulting both a divorce lawyer and an immigration lawyer.

    If she can show a bona fide marriage, entered into in good faith, and ending through no fault on her part, I expect she will be able to complete the naturalization process. But the details can be important.

  3. #3

    Default Re: Applying for Divorce After Filing for Citizenship

    Mr. Knowitall is quite correct even if they get married it is possible for the husband to nullify the marriage by claiming it was entered into as a sham, which does happen in family court.

    There may be some remedies, but this sounds like a pretty complicated situation and free advice from the internet is not going to be sufficient and a lot more facts will need to be flushed out. Sounds like a sad situation.

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