Please Help? I hv 10 Yr Permanent residency. Can I divorce my husband and still get US Citizenship?

Question

I hv been married for 4 yrs now,I received my permanent 10 yr green card in september of 2006.Last week I found out my husband has been cheating on me with one of his secretary at work. I confronted him about it and he wasnt even sorry about it, instead he got mad at me for spying on him, i told him if he doenst break it off I was gonna leave him, he got very angry and said he will not break it off and threatened to call immigration and have me deported if i tried to do anything. He is not the same person i married 4 yrs ago, I feel he doesnt love me anymore, I am devastated, i dont know what to do, im a housewife and i fear if i separate from him or divorce he will hurt me physically & emotionally. We have a one yr old baby and i dont want to be deported and not be able to raise myson,i cannot apply for US citizenship because I just got my permanent green card and my husband said if i divorce him, i cannot apply for citizenship and immigration will catch me and deport me.Please help!

Answer 1

You poor darlin' *hugs* Please try not to stress. You WILL NOT be deported and you can apply for your citizenship after a divorce. You are a permanent resident without conditions.

The only effect divorce may have on an alien at this stage is that it may delay the alien in becoming eligible to apply for naturalization. If a permanent resident is married to a U.S. citizen, the shorter three-year residency and the 18 months substantial presence requirements for naturalization revert to the standard five-year residency and 30 month substantial presence requirement.

All the very best to you.

Answer 2

You can apply for citizenship after having been a legal resident for 3 years ( in a marriage context).
Without marriage, you would need to wait 5 years of legal residency then apply for citizenship.
You can divorce your husband just like any other resident now that you have your permanent residency rights.

In your case you are entitled to go ahead and seek the US Naturalization (citizenship for new immigrants). You do not need to be still married to him, you can apply for divorce. But the ramifications are a little harder simply because you have a baby with him. But don't worry, its the same as everyone else and you just need to start your procedure, a good thing is to have a lawyer to make sure you are properly defended.

Good luck.

Answer 3

Your story does not make sense.
First, if you are married for 4 years, how come you just received an unconditional green card? It is given out after 2 years of marriage.
Second, if you already got your card, no one can deport you. You can stay on and on, and never become a citizen, and just prolong your card every ten years. Some people never become citizens. Maybe he meant that he would tell that your marriage was a fraud, just to get a card and divorce him. That is nearer to the truth. But, since you were married for four years, and have a baby together, it will be very hard to prove. So, just leave to him the burden of proving that you married him for his status.
You can go to an immigration lawyer, if you wish, and hear him telling you the same. What you need now is a lawyer who is dealing with family matters like divorce, not immigration.
These you can find through on-line search. You'd better save all the evidence of his infidelity.

Answer 4

Look you are being misinformed. First of all you can apply for citizenship. Go to www.uscis.gov and there is tons of information on citizenship and what you can do. He cannot get you deported unless you have broken the laws of the United States and have not gone by the rules and regulations set forth. You should go ahead and fill out the application. The cost for the application is $330 and the cost for biometrics is $70 for a total of $400. Then you must pass a history test and score at least 85%. They have sample questions on the www.uscis.gov site. Your husband is trying to scare you, you can apply for citizenship. Do not listen to his scare tactics, really there are lots of people who have gotten divorced and have gotten their citizenship. If you do like I said you will be fine. Go ahead and start the application process, you should be fine. Then after your application gets approved you should be able to pass the history test. History test question samples are on the uscis.gov page. Move forward with your life you should be fine.

Answer 5

Why are yuo so defensive about reasons behind diorce. Whether he chaeated or you used him for GC doesnt make a difference. With 10 yr GC you can get citizenship. It will take 5 years though. If you are still married - 3 years after granting GC status (Even conditional - that i belive you got 9n 2004). So So you may want to delay divorce for a year or so.

After all - onwe of his secretaries means he is a big boss, rich guys. Do you want to live without him???.. Man has his needs.

Answer 6

If you are now a lawful permanent resident, you cannot be deported if your husband calls INS unless you entered the United States on fraudulent documents, violated conditions of your visa, or have committed certain crimes, OR YOUR MARRIAGE WAS FRAUDULENT.

Even if your husband reports you to the INS, deportation may not follow, would not be immediate, and, in most cases, you would have the opportunity to explain your situation to a judge.

Answer 7

You do not need to worry. I assume your husband was not a sponsor for your green card. Double check with an immigration lawyer.

Good luck.

Answer 8

Best thing to do is to contact and Immigration Lawyer first, and a Divorce Lawyer second. If you are lucky you will find a good lawyer that does both.

Answer 9

Stay with him and stop having sex, document spread any factual information about him cheating as you see fit and make sure you can account for all of his earnings before you or he proceeds with any divorce hearings. You can us his threats of deportation in divorce hearings, document them.