Legal Question in Immigration Law in North Carolina

Divorce after citizen application

I am recently separated from my husband,an

Israeli citizen.We applied for his citizenship 6

months ago. Since we still are on good terms I

would like to wait to till after the process is

complete before moving forward with divorce.Is

this possible or do I have an obligation to INS to

notify them of the troubled marriage,to avoid

repercussion.


Asked on 1/06/02, 3:45 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Divorce after citizen application

I am confused by your use of the word "we" applied for citizenship. Assuming that your husband is a lawful permanent resident, then only he applied for citizenship even though the basis of this citizenship is because he was married to a USC. If this is the case, then he must have been a lawful resident for 3 years, be married to a citizen for 3 years, and be living with the citizen for 3 years and continue to live with the citizen at the time of the interview. Otherwise he must wait 5 years for citizenship. If your husband is not living with you at the time of the citizenship interview he must disclose it and withdraw the applcation or else he would be committing a fraud.

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Answered on 1/07/02, 1:36 am


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