Skip to Content

I Obtained My Green Card Through My Spouse, But We Are Now Divorced. Can I Become a US Citizen?

couple fighting at sunset

When an individual obtains a green card through marriage to a U.S. citizen and subsequently divorces, it can raise concerns about the implications for their eligibility to pursue U.S. citizenship. Under such circumstances, it is critical to understand how the divorce may impact the naturalization process.

Maintaining Permanent Resident Status After Divorce

Divorce itself does not automatically jeopardize one's green card status. However, it is essential to ensure ongoing compliance with the requirements for maintaining permanent residency, including the obligation to reside continuously in the United States.

In some cases, the circumstances surrounding divorce can influence the assessment of eligibility criteria, particularly in relation to demonstrating good moral character. When considering naturalization after divorce, individuals must carefully navigate the impacts of the dissolution of their marriage on their immigration status and their eligibility for citizenship. Key considerations for naturalization after divorce include:

  • Continuity of Residence — Individuals pursuing naturalization must maintain continuous residence in the United States. This requirement may be particularly significant post-divorce, as changes in residency or extended periods abroad could impact eligibility.
  • Good Faith Marriage — An officer can inquire into the marriage, it’s bona fides, and what happened in the marriage, so it is important to keep evidence of the marriage in a safe place for future use.
  • Good Moral Character — Divorce can be a factor in assessing an individual's moral character, a crucial requirement for naturalization. Individuals must be prepared to address any potential complexities resulting from the divorce when demonstrating their good moral character.
  • Potential Waivers — In cases where divorce-related circumstances may impact naturalization eligibility, individuals can explore potential waivers or exceptions available under immigration laws, this is particularly relevant if the I-751 process.

How Can Divorce Raise Questions About an Individual’s Moral Character?

You may be wondering how divorce can impact the perceived moral character of an individual, thereby introducing complexities into the naturalization process. A few instances where divorce can call an individual's moral character into question include:

  • Financial Disputes — One area where divorce can raise questions about moral character is related to financial responsibilities. For instance, if an individual's divorce involves unresolved financial disputes, such as unpaid alimony or child support, it may raise concerns about their financial integrity and adherence to legal obligations. Tax liability also plays a role during naturalization. Demonstrating a lack of accountability in fulfilling these financial responsibilities can be perceived as a reflection on an individual's moral character.
  • Marital Misconduct — Allegations of marital misconduct during the divorce proceedings, such as infidelity or domestic violence, can raise red flags regarding an individual's moral character. While the details of the divorce settlement or legal proceedings may not be directly disclosed as part of the naturalization application, any legal records or findings related to misconduct in the context of the divorce could influence the assessment of an individual's moral character.
  • Honesty and Integrity — Instances of dishonesty or lack of transparency during the divorce process can also cast doubt on an individual's moral character. This may include providing false or misleading information in legal documents or failing to disclose pertinent details related to the divorce proceedings.

It is important to note that each case is unique, and not all divorces will automatically raise concerns about an individual's moral character. However, if you’re considering naturalization after divorce, be prepared to address any potential implications of the divorce on your moral character and take proactive steps to mitigate any negative perceptions.

Contact an Orange County Immigration Lawyer Today

Obtaining legal counsel from an experienced immigration attorney is highly advisable for anyone navigating the naturalization process following a divorce. Your attorney can provide guidance on how to address the implications of divorce on naturalization eligibility, offering tailored strategies to mitigate any challenges that may arise.

At Yekrangi & Associates, our dedicated immigration team will strengthen your case for demonstrating good moral character by providing evidence of:

  • Positive contributions to the community;
  • Adherence to legal and financial obligations; and
  • A commitment to ethical conduct despite the challenges of divorce.

We are committed to helping you pursue your dream of U.S. citizenship. Contact Yekrangi & Associates today for the guidance and support you need and deserve.

Share To:

Contact Us for Your Consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy