If you are a green card holder, you may worry about whether or not citizenship is possible after divorce. Many people find this subject quite complicated since certain green cards are very dependent on your marital status. But if things don’t work out and you need to legally separate or get divorced, you may wonder if this could impact your future in the United States. So, keep reading to find out if citizenship is possible after a divorce and what the process of applying for citizenship after a divorce looks like.\
How to Apply For Citizenship After a Divorce
The good news is that getting divorced does not disqualify you from obtaining citizenship. Your green card status remains valid, whether you are married or not, and you can still move forward with filing form N-400 for naturalization. However, the pathway you can take towards naturalization will look a bit different.
Typically, spouses of U.S. citizens have the option to apply early for naturalization with the three-year rule. The three-year rule allows you to apply for citizenship earlier than other applicants as long as you have lived in marital union with your spouse for three years before applying.
So, getting a divorce does end up disqualifying you from taking advantage of the three-year rule. Instead, you can follow the standard five-year naturalization process, which doesn’t have any marriage requirement.
To qualify for the five-year naturalization process, you must meet these requirements:
- Have maintained continuous residence as a lawful permanent resident for five years.
- Have proof of good moral character.
- Pass the English and civics test.
- Maintain physical presence within the U.S. for 30 months.
- Have a state or district residence for three months before filing.
Keep in mind that marrying another U.S. citizen will not allow you to use the three-year filing rule. You will still have to wait the standard five years since your original marriage ended.
Required Documentation When Applying For Citizenship Post-Divorce
If you meet all the requirements for applying for citizenship after five years, there are certain documents you need to provide with your application. Making sure you get this right the first time can help you bypass many common issues with naturalization, including requests for additional evidence.
Here is a list of the documents you need to provide with your application:
- Your completed form N-400
- A copy of the front and back of your green card.
- A certified copy of the divorce decree.
- Passport-style photos, if requested by the USCIS.
You also need to be prepared to pay the filing fee for form N- 400, which, as of right now, is $760 to file by paper or $710 to file online. It’s generally recommended that you take advantage of the online filing option as this is easier, cheaper, and faster.
Additionally, when you attend your interview, there are certain documents that you should also bring, including:
- Your marriage certificate.
- Evidence that the marriage was real.
- Any children’s birth certificates, if applicable.
- Your tax returns for the past five years.
- Your I-751 approval notice, if applicable.
Common Complications
Although you can still apply for citizenship after getting a divorce, there are some issues that could arise during this process. Knowing what problems you could possibly face can help you better prepare ahead of time so that the naturalization process goes smoothly.
- Conditional requirements: The number one issue applicants may face after getting a divorce is the conditional requirement. A conditional green card provides temporary permanent residency to immigrants who want to come to the United States to marry a U.S. citizen. You must apply to have these conditional requirements removed so that you have all of the benefits of a standard green card. If you fail to do this and you get divorced, you are at a significant risk of being deported.
- Fraud allegations: It is possible to face fraud allegations if you are proceeding with naturalization after getting a divorce from your U.S. citizen spouse. Usually, this is the case if the divorce occurred quite quickly after you came to the U.S. Even if the fraud allegations are ultimately unsubstantiated, they can still drastically slow down the naturalization process.
- Proving good faith: Being able to prove good faith is essential, as this establishes that you did not enter the marriage solely for the purpose of immigrating. After getting a divorce, it’s especially crucial that you are able to prove this through things like joint financial documents, shared assets, affidavits from loved ones, evidence of communication, cohabitation evidence, etc.
You should also take the additional step of hiring an immigration attorney before you apply for citizenship after a divorce. This process is relatively straightforward for most people, but there is always the possibility of complications. Having an experienced attorney on your side can help you bypass these issues as well as address any problems that do come up as quickly as possible.
Hire an Immigration Attorney Today
Do you want to pursue marriage-based citizenship after separating from your spouse? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can I apply under the three-year rule if I’m separated but not divorced?
No. In order to qualify for the three-year rule, you have to be living in marital union with your spouse for three years before filing. So, although separation is not as final as divorce, it still disqualifies you from filing early.
Will divorce affect my green card?
Generally not. Your green card remains valid regardless of your marital status. The only time a divorce will affect your green card or your ability to obtain citizenship is if the divorce raises red flags regarding the legitimacy of the marriage.
Do I have to disclose my divorce during the interview?
Yes, always disclose whether or not you are divorced and be truthful about the details. Hiding any information during your interview will immediately raise red flags, putting your application in jeopardy.
