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  1. #1
    Join Date
    Oct 2018
    Posts
    11

    Default Is It Possible to Accuire U.S. Citizenship After Marriage then Divorce

    Good Morning
    I like to know if it is possible for someone to stay in United States after they are naturalized through marriage, but the marriage may not work out. This question may lead to me hiring an attorney, and I am posting to find out what is or is not possible. I am glad to elaborate so please let me know what details you need, and I'll respond. I am not an attorney and sometimes I explain too many details and sometimes not enough; so please help me out. I also like to know what are the deal breakers during the period between Green card and citizenship. Specifically, I am asking for my sister. Unfortunately due to the nature of divorce proceeding, both sides are bitter and may have made some allegations against each other. I like to know how this would impact her case, and what are some things which need to be explained, and addressed. As stated, I realize she needs a caring attorney at her side. This post, and what is exchanged is not meant to replace or diminish our reaching out to an attorney anyhow. We just like to be educated a bit please.

  2. #2
    Join Date
    Jul 2010
    Posts
    7,428

    Default Re: Is It Possible to Accuire U.S. Citizenship After Marriage then Divorce

    Your sister needs to have an immigration attorney on board as well as a divorce attorney. If the marriage smells like a green card marriage (which I'm guessing may be one of the allegations you are alluding to), the INS will likely get involved to investigate. Depending on the full facts, which we don't have access to and you should not provide, there could be issues with her status.

  3. #3
    Join Date
    Sep 2010
    Posts
    18,538

    Default Re: Is It Possible to Accuire U.S. Citizenship After Marriage then Divorce

    You don't get citizenship through being married to a US Citizen. The only thing that does is decrease the wait time from five years to three years. If she got her permanent residence based on marriage to a US citizen, then she likely got a two year conditional residence. If she made it through this period before the divorce, or she can show that the marriage was not a sham, then her permanent residence shouldn't be at risk. Even without naturalization, she main remain in the country as a permanent resident. Once she waits out her three or five year wait time as appropriate, she can apply for naturalization. Again, provided the marriage wasn't shown to be a sham to get immigration status, the fact she subsequently divorced shouldn't be an issue.

  4. #4
    Join Date
    Oct 2018
    Posts
    11

    Default Re: Is It Possible to Accuire U.S. Citizenship After Marriage then Divorce

    Thank you so much, and we have reached out and will hire attorney(ies) to move the ball forward. I was just trying to see what to expect, and got my answer.

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