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Divorce and ImmigrationIf the immigrant has became a US permanent resident under PR1 then they retain that status after divorce. If the immigrant is under CR status (conditional resident status) They need to file adjustment of status to impermanent residence before the date of their Immigration card. The spouse divorcing the CR1 resident could hire a lawyer and submit paperwork to their local USCIS office in cases where they were proven faithlessness from the immigrant, or domestic violence, or fraud from the immigrant. This stuff is marked into the system and does not look good when the CR1 resident when they go for their interview. CR1 status is only good till they file to adjust status to permenet residence and they need their spouse for this.

All in all if the resident has become a American Citizen and they have divorced said spouse then they retain that citizenship no matter what.

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11y ago
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15y ago

A alien legally or illegally to the country can not gain citizenship if they get married to a American they have to apply for citizenship to obtain it. That is the answer to the question because the cirumstances of the question does not exist.

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14y ago

Possibly, but if you've been in the US over a year illegally or you've been convicted of a crime, you will most likely be denied a visa. You will then need to apply for the I-601 waiver (after denial) which will most likely take 15 months for adjudication. If that is denied, you can file an appeal within 30 days.
No, not automatically at least.

If the alien was marrying first, while on a visa, then applying that is one thing. But if the alien is illegal, then marries, then there has to be a waiver.

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15y ago

Nothing all the INS forms are still binding agreements. And the sponsor has to maintain 125% of the poverty level .. They aren't citizens of the US merely permanent residents. That stuff about being a citizen at marriage is so sold school it merely be another regular divorce. divorce does not terminate that financial support obligation. Even when no longer married, the U.S. citizen remains financially liable for support, until the sponsored immigrant:

a. The sponsored spouse becomes a U.S. citizen;

b. The sponsored spouse is credited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work;

c. The sponsored spouse becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required;

d. The sponsored spouse ceases to be a lawful permanent resident and departs the United States; or

e. The sponsored spouse dies.

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12y ago

"He/she will have his/her butt kicked out of the country, unless he/she can claim being a victim of domestic abuse or something like that."

This is not true, it all depends on how long you've been in the country and if you've been here legally.

You will not get kicked out of the country for not being a citizen as long as you have a valid green card. There are plenty of people that live in the United States for their entire lives and never become US Citizens, they must simply renew their green card, and of course stay law abiding.

If you've been here for only a couple years and are divorcing an American citizen, there is the possibility of your green card being revoked if you don't have an established work history, kids, etc. If you've been married for more than a few years, five years in particular with a valid green card, then it's extremely unlikely you will be sent back to your home country.

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13y ago

The US citizen may cancel the I-130 petition, and the illegal will not be given permanent residency. If the immigrant entered illegally into the country, then it doesnt matter because marriage to a US citizen CANNOT help make the immigrant legal.

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Q: Does an illegal immigrant become legal if he marries a US citizen?
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