The type of petition filed with the United States Citizenship and Immigration Services (USCIS) will depend on the previous immigration status of the foreign spouse, if applicable. …, Complete and file your divorce petition. However, if you are not married to a U.S. citizen, then you must wait five years before applying for citizenship (using Form N-400, Application for Naturalization ). Required fields are marked *. Related Post: Divorce With Pending I-485, Can You Adjust Status With A New Spouse? To answer your question, no. You’ll need to check whether you can stay in the UK long term. If you were hoping to get early citizenship after three years as the spouse of a U.S. citizen, understand that divorce will end that possibility. You might need to apply for a new visa if you get divorced. The key thing to understand is that U.S. You may renounce your Australian citizenship. 4 years ago I married a girl from Russia now I'm divorced. If you obtained your green card through direct employment in the U.S., a job offer or your investment in a U.S.-based enterprise, your marriage – or lack thereof – has no impact on your current immigration status. If you obtained your green card through marriage to a U.S. citizen or permanent resident, a divorce (or annulment) may pose a problem. 1. The expectation is that a Canadian or permanent resident and a foreign national will get married or live together and establish a common-law relationship beforethey submit sponsorship and immigration applications. After you receive your final divorce order, there are still a few issues which would cause your ex-spouse to take you back to court. If you plan on living in the United States for a long period of time and you desire to gain all of the rights of a native U.S. citizen, filing for naturalization is the path to follow. However, if you have a genuine marriage but later divorce, you won't lose your citizenship. However, the alien spouse of a U.S. citizen can apply to naturalize three years after having become a lawful permanent resident. This is a highly complex area of immigration law, and you are advised to take guidance on your circumstances. A separation is when two people who have been living together as a married or common-law couple decide to live apart. After you and your spouse have submitted all of the necessary documents, you will be given a date for a court hearing. However, you will be unable to pursue U.S. citizenship unless you have been married to a … A divorce will affect your eligibility to file Form N-400, Application for Naturalization, if you are filing on the basis of marriage to a U.S. citizen for three years. If you are still married to your spouse after getting the ten-year green card, then you only need to be a green card holder for three years to apply for U.S. citizenship. After the temp status on my green card was removed I pursued a college degree in a different city but my husband changed his mind and did not follow me. Asked by Wiki User. In some states, a formal separation may become a divorce after a certain amount of time. If you are divorced, then you will have to be a resident for five years before you can apply. If you have already divorced your spouse before you gained citizenship, you will need to wait 5 years from the date on your green card.. Pritesh has now been in the U.S. as a permanent resident for more than five years. After your divorce, however, you will no longer qualify for this exception, and will have to wait the usual five years before becoming a U.S. citizen. When granting a divorce the Court does not consider why the marriage ended and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together. Thanks Deadbird Technically and legally, you are still married to this USC. Interestingly, just because you want to it does not mean that you have an automatic right to do it. what proportion of all first marriages end in divorce, Understand your state’s laws. My husband got locked up 2 weeks ago and after all this trouble I found out that he was with the mother of his children the whole time we were married (they never broke up). You may also be eligible for leave to remain in the UK where you have lived in the UK for a long time period of time. US Citizenship after a divorce. Top Answer. After a divorce or annulment, however, you (the immigrant) will have to submit the petition on your own, asking for a waiver of the joint filing requirement. I fell in love with another foreigner. Having the citizenship of one country does not prevent you from having citizenship of the other. 11. Apply for British citizenship if you're married to, or in a civil partnership with, a British citizen - form AN, who's eligible, fees and how to apply. 2011-07-08 11:12:08. You can find your divorce centre on GOV.UK. How long after can I divorce after the Naturalization Interview? A copy will be sent to the person so they can respond. 561-507-5772. If you were eligible to become a U.S. citizen after three years because you are married to a U.S. citizen—and you took advantage of that rule—now is not the time to separate from your spouse. You can file an application any time after being granted permanent residence, as long as you … Who can advise you if the time is right to stay in UK. Not be impacted since you have the burden of proving that how long after citizenship can you divorce? is... Your certificate, then you will be given a date for a spouse... Two and a half years, Rather than three legal permanent residence ( green from! 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