The Implications of Divorce During the Naturalization Process: What You Need to Know
Are you considering naturalizing and concerned about potential complications during the process if you divorce? Find out what you need to know about the impact of divorce on your spouse's immigration status when you are the US citizen.
Understanding the Process of US Citizenship
When one partner is naturalizing as a US citizen, the process is a significant commitment of time, effort, and paperwork. However, it's crucial to understand that the benefits of citizenship often come with responsibilities. These responsibilities extend beyond financial or emotional support to include legal obligations, especially regarding the spouse's green card status.
The Impact of Divorce on Your Spouse's Green Card
Let's consider a scenario where one spouse is a US citizen, and the other is holding a 10-year green card. If the citizen spouse decides to get divorced, and the non-citizen spouse has a 10-year green card, the scenario differs slightly compared to a 3- or 5-year green card. In this case, the non-citizen spouse would need to wait an additional 5 years (compared to 3 years) before becoming eligible for naturalization.
Who Can File for Naturalization?
The primary responsibility for filing for naturalization lies with the non-citizen spouse. Once the citizen spouse has already obtained their green card, they can no longer file for their spouse. This process can be complex and requires keen attention to deadlines and requirements. It is essential for the non-citizen spouse to understand the process and gather all necessary documents to ensure a smooth application progress.
Divorce and the Naturalization Process
During the naturalization process, the divorce itself does not affect the non-citizen spouse's current immigration status. They retain their permanent resident status, and the prospective citizen status is solely in the hands of the non-citizen spouse. However, a divorce during this period can present complications, particularly when it comes to demonstrating the authenticity of the marriage.
What Happens During a Divorce?
Divorce, while a personal and emotional affair, can also have legal and financial implications. For the spouse with a green card, a divorce does not automatically invalidate their status. However, USCIS (United States Citizenship and Immigration Services) may investigate the marriage, particularly if the divorce is suddenly after a long-term relationship. Sudden terminations of a marriage can raise suspicions of fraudulent marriage intentions.
Post-Divorce Applications for Naturalization
Once a divorce is finalized, the non-citizen spouse has the option to apply for naturalization under different conditions. If the marriage was not primarily for the purpose of obtaining a green card, they may still be eligible. However, they would need to wait an additional 2 years to apply if they had a conditional green card at the time of marriage, and they must have lived in the US for an additional 3 or 5 years.
Conclusion
Divorce complicates the naturalization process, but it does not necessarily mean the end of hopes for citizenship. The non-citizen spouse must navigate a unique set of challenges, including proving the legitimacy of their marriage and managing a new timeline for becoming a US citizen. It is crucial to consult with experienced immigration attorneys and understand the specific provisions and requirements for each stage of the naturalization process.