Can You Lose Your Citizenship If You Get Divorced?

by | Last updated on January 24, 2024

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Can you lose your if you get divorced? Depending on your circumstance,

a may affect your eligibility to become a U.S. citizen even with a green card

. When you file to become a citizen, the USCIS will review your immigration file in its entirety. They may find the timing of your divorce to be suspicious.

Will divorce affect my citizenship?


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

. Even if you were married for over three years, you must continue to be married at the time of naturalization.

What happens if you marry a U.S. citizen and then divorce?

An immigrant who has been married to and living with a U.S. citizen has to wait only three years after getting a green card to become a naturalized citizen. 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

.

Do I lose my residency if I divorce a U.S. citizen?

What happens if you divorce before 2 years?

But if you divorce (or your marriage is annulled) before the two years have passed and you want to continue to live in the U.S.,

filing this petition jointly with your spouse will be impossible

. You will still need to submit Form I-751, but will have to include a request for a “waiver” of the joint filing requirement.

What happens to my green card if I get divorced?

If you divorce and you have a permanent green card,

there is typically no impact to the renewal process

. When it comes time to renew your green card, you simply file Form I-90 (officially called “Application to Replace Permanent Resident Card”).

How long do you have to stay married after getting citizenship?

The spouse must have continuously resided in the United States after becoming a lawful permanent resident (LPR) for

at least 3 years

immediately preceding the date of filing the naturalization application and must have lived in marital union with his or her citizen spouse for at least those 3 years.

What happens if I divorce my immigrant husband?

If the marriage ends,

the non-citizen spouse will lose their immigrant status and become deportable

. If you have been approved for permanent residence before you are divorced, your divorce will not affect your immigration status.

Can I revoke my husband green card?


You may apply to remove the conditions on your green card if you entered your marriage in good faith

, meaning the marriage was not fraudulent. The U.S. Citizenship and Immigration Services (USCIS) states the four situations regarding a spouse in which you may apply to have the conditions on a 2-year green card removed.

Can citizenship be revoked?


U.S. citizens (or nationals) can never be stripped of their U.S. citizenship (or nationality), with limited exceptions

. Also, they can give citizenship up voluntarily. This article will look at both possibilities.

How long does a divorce take?

On average, it takes

12 months

to complete a divorce, from filing the divorce petition to finalizing the judgment. If the case goes to trial, the average time is about 18 months. The average cost of divorce in 2019 was $12,900, which includes $11,300 in attorney's fees and about $1,600 in other expenses.

Can you get deported for adultery?

With respect to adultery, cheating on one's spouse is not only personally reprehensible, but also a rare instance in which moral choices carry immigration ramifications.

You certainly won't be deported for it

, but you could be denied citizenship.

Does adultery affect green card?

Yes. If you have had an extramarital affair within the Good Moral Character period that is required in order to naturalize (usually the past five years),

it is possible you might not qualify for U.S. citizenship

.

How much does divorce cost?

On average, the readers in our survey who handled their own divorce paid a total of $1,170 in costs. The more typical cost—the median amount—was only $300. That's probably because about half of those who didn't hire a lawyer had no contested issues in their divorce (and just for that group, the

average cost was $340

).

Can I stay on green card forever?

A Permanent Resident Card (USCIS Form I-551)

Although some Permanent Resident Cards, commonly known as Green Cards, contain no expiration date,

most are valid for 10 years

. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date.

Can I get my husband deported?


Any form of fraud could be a deportable offense

. Most specifically, fraud relating to the marriage that granted you your conditional permanent residence. Having a fraudulent marriage or having your marriage annulled or terminated before being granted permanent residence could lead to deportation.

Can I divorce my immigrant wife?


If you are divorcing a noncitizen within two years of the marriage, your spouse may lose their residency status

. Noncitizens must typically apply for a termination waiver if they still wish to pursue citizenship. Both parties must sign this document and show that they entered the marriage in good faith.

How does USCIS verify divorce?

USCIS will determine the validity of a divorce for immigration purposes by

examining whether the state or country where the divorce was issued had proper jurisdiction

.

Can you cancel your wife green card?

Which is better green card or citizenship?

Simply put,

the green card holder can legally live and work in the country

. However, there are other benefits that the green card holder doesn't have that a citizen would have, one of which includes voting rights. It can take a couple of years for the green card holder to obtain permanent citizenship.

What are three ways you can lose your citizenship?

  • Run for public office in a foreign country (under certain conditions)
  • Enter military service in a foreign country (under certain conditions)
  • Apply for citizenship in a foreign country with the intention of giving up U.S. citizenship.

What are the ways of losing citizenship?

The three ways of losing citizenship of a country are

renunciation, deprivation, and

.

Who can revoke your U.S. citizenship?

C) A person is subject to revocation of naturalization

if the person becomes a member of, or affiliated with, the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization

.

When Should I divorce my husband?

  • There's a lack of intimacy. …
  • You begin to doubt yourself. …
  • You are two different people. …
  • There's been an instance of domestic violence. …
  • Your partner is no longer making an effort.

How can I get a divorce fast?

By

filing a no-fault, uncontested divorce with an agreement an attorney has reviewed

—especially in a state with a short residency period—you can get a quick divorce. The benefits of a quick divorce are that it saves money on legal fees and it saves a lot of stress.

What happens when you get a divorce?

The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts.

Can I deport my husband from USA?

Can you be deported if you are married to an American citizen? The answer is

yes, you can

. About 10% of all the people who get deported from the U.S. every year are lawful permanent residents. You can actually be deported for several reasons.

What are the benefits of marrying a U.S. citizen?

  • No Annual Limit on Visas. …
  • Long Wait for Government Processing of Applications. …
  • Possibility to Adjust Status After Legal U.S. Entry. …
  • First Two Years of Residence Are Likely to Be Conditional.
Leah Jackson
Author
Leah Jackson
Leah is a relationship coach with over 10 years of experience working with couples and individuals to improve their relationships. She holds a degree in psychology and has trained with leading relationship experts such as John Gottman and Esther Perel. Leah is passionate about helping people build strong, healthy relationships and providing practical advice to overcome common relationship challenges.