Divorcing Wife Applying for Citizenship

[kukupuffs93]

(Virginia)

My wife and I were both green card holders. Though now, I have my citizenship now but she does not. If we apply for divorce, could she still apply for citizenship? We both got here based off her asylum story. Would this be a problem?

Also her name is not on anything (cars, ect..)what is she entitled to? Everything is in my name. Am I going to get screwed over? What part of my money is she entitled to? We have separate bank account. What is initiating divorce like? Can we initiate it while or before she applies for citizenship? Or would that be a problem for her application?

 

[FlyingRon]

It will need to be disclosed, but it shouldn't be an issue.

Whether her name is on things isn't the determining factor. Anything that you acquired while you were married is likely marital property and must be equitably distributed. You're not being "screwed." You have to realize what the nature of a MARRIAGE is in the Commonwealth (and just about everywhere in the US).

Filing for divorce is not particularly difficult. The details and timeline depend on whether you intend to contest it, and whether she is currently living with you or not. As far as the DIVORCE goes, the citizenship status is immaterial. All that is required is she has resided in Virginia for at least six months.

 

[kukupuffs93]

It will need to be disclosed, but it shouldn't be an issue.

Whether her name is on things isn't the determining factor. Anything that you acquired while you were married is likely marital property and must be equitably distributed. You're not being "screwed." You have to realize what the nature of a MARRIAGE is in the Commonwealth (and just about everywhere in the US).

Filing for divorce is not particularly difficult. The details and timeline depend on whether you intend to contest it, and whether she is currently living with you or not. As far as the DIVORCE goes, the citizenship status is immaterial. All that is required is she has resided in Virginia for at least six months.

So the divorce should not get in the way of her applying citizenship and it won't hurt her chances of being granted citizenship? I just want to be sure I'm not putting myself in a bad position. She's making me hold off on divorce until she get citizenship. That's a whole 6 months to a year...

 

[FlyingRon]

Divorce isn't going to change things in this situation if I understand you correctly. Your residency is not an issue as it appears you entered with a bona fide marriage. There was no obligation for mutual support. As long as the divorce is on the up and up and there's no fraud or other issues involved, it won't interfere with the citizenship process. As I stated, expect to be asked about it, but it shouldn't be a problem unless you had some fraudulent intent. State is concerned about catching any such fraud, etc.. .now as once citizenship is granted, it's an order of magnitude more difficult to rescind compared to denying it now.

 

[LdiJ]

(Virginia)

My wife and I were both green card holders. Though now, I have my citizenship now but she does not. If we apply for divorce, could she still apply for citizenship? We both got here based off her asylum story. Would this be a problem?

If she has had the green card for at least 5 years, its not a problem for her.

Also her name is not on anything (cars, ect..)what is she entitled to? Everything is in my name. Am I going to get screwed over? What part of my money is she entitled to? We have separate bank account. What is initiating divorce like? Can we initiate it while or before she applies for citizenship? Or would that be a problem for her application?

She is entitled to 1/2 of everything that accrued during the marriage, whether its all in your name or not. If you consider it unfair for her to get 1/2 of everything then I guess yes, in your eyes, you are going to get screwed over.

Again, as long as she has had a green card for at least 5 years, any divorce would be immaterial to her getting citizenship. I would probably not do it while going through a divorce however...just too much life complication.

 

[not2cleverRed]

(Virginia)

My wife and I were both green card holders. Though now, I have my citizenship now but she does not. If we apply for divorce, could she still apply for citizenship? We both got here based off her asylum story. Would this be a problem?

Also her name is not on anything (cars, ect..)what is she entitled to? Everything is in my name. Am I going to get screwed over? What part of my money is she entitled to? We have separate bank account. What is initiating divorce like? Can we initiate it while or before she applies for citizenship? Or would that be a problem for her application?

Are you implying that she made up a story in order to get asylum?

Otherwise... what everyone else said.

 

[kukupuffs93]

Are you implying that she made up a story in order to get asylum?

Otherwise... what everyone else said.

No it's not a lie.

 

[not2cleverRed]

No it's not a lie.

Good.

Don't use the word "story" to describe anything that was in her asylum application.

 

[kukupuffs93]

Good.

Don't use the word "story" to describe anything that was in her asylum application.

Thanks for letting me know. This is all new to me so we're going to have an attorney help with the documents.

 

[eerelations]

Thanks for letting me know. This is all new to me so we're going to have an attorney help with the documents.

If you're divorcing, you need separate attorneys.