Legal Question in Immigration Law in Virginia

Question regarding US Citizenship application in case of Divorce

I entered into a marriage with a man I love 3 years ago. Since that time, I have received a provisional permanent residency and will apply to remove the conditional part in March 2007.

Due to many personal issues, including some serious ones, I am thinking about separating from my husband. I entered this marriage with the full intent of remaining married, and I am still committed to my husband. However, I do want to know what my options are should my home situation continue to worsen.

I am a citizen of Iraq, and I am very concerned about what this can do to my Citizenship application in another year or so.

Thank you.


Asked on 11/16/06, 1:26 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Question regarding US Citizenship application in case of Divorce

I am sorry to say this, but I want to tell you the truth. The CIS (formerly the INS) ASSUMES that all marriages between a U.S. citizen and a non-citizen are *fradulent* unless proven to be geniune.

So you have to prove to the CIS at Homeland Security that your marriage is real. You SAY that you married him for real. But the CIS will ASSUME that it was not real. You have to prove to them that your marriage was real.

So if there is anything imperfect about your marriage -- as far as the CIS/Homeland Security sees -- they can decide your marriage is not real or never was real. AND THEY HAVE A RIGHT TO MAKE ANY DECISION THEY WANT. If they think it isn't real, then THE TRUTH does not matter.

So if you have 4 months to wait to get permanent rights, you should do everything you can to keep things quiet at home. I hate to see any relationship fail, and I know things maybe are bad, but I would encourage you to buy some books on making relationships work better (try books by Gary Smalley for example) and try to make things better... at least for another 4 months.

Perhaps if you bring home some books on making relatinships work, this will help keep things quiet wth your husband for a few months... just long enough to get through this difficult period.

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Answered on 11/16/06, 7:16 pm


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