What do I do after the divorce decree is received in terms of my citizenship application?

My citizenship application is currently under extensive review after a successful interview back in Sept 2,2009 based on the 3 year marriage rule. I was married in 03/05/2004 and currently separated. My last name has been legally changed in May 16,2011 and I had a lawyer who convinced me of following up on the case since 0ctober 2010 and does not respond to my emails any more since February. What do I do after the divorce decree is received? Since my green card needs to be updated to reflect my new name and also to avoid paying immigration twice. Do I follow up of my citizenship or the green card renewal?

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Answered By: Law Offices of Peter Y. Qiu

Call now: (312) 881-0001

I would need to interview you and review all relevant documents before an action plan can be developed for your case.

Answer Applies to: Illinois - Replied: 10/16/2011

Answered By: Feldman Feldman & Associates, PC

Call now: (619) 299-9600

The facts are confusing because if you had had a successful interview in September 2009 you should have been sworn in within 30-45 days thereafter. Perhaps you passed the history and government tests but could not adjudicate because of your separation and need to talk to a supervisor before adjudication. You are only eligible to file under the three year rule if you are married and "living with" a U.S. citizen. If you were separated at the time of your interview, then you would not be eligible for approval and will need to re-file now that five years has transpired.

Answer Applies to: California - Replied: 10/14/2011

Answered By: King & Ballow

Call now: (615) 726-5484

At the time of naturalization, you can request a name change.

Answer Applies to: Tennessee - Replied: 10/14/2011

Answered By: Joseph Law Firm

Call now: (303) 297-9171

If you are no longer living in the same residence with your U.S. citizen spouse, you no longer qualify for the three year citizenship and you must notify immigration immediately or risk that they find that you committed fraud or misrepresentation on your citizenship application. It does not matter whether you are divorced or not. The statute requires that you be physically living in marital union with your spouse in order to qualify under the 3 year rule. You will have to wait an additional two years from the time that you got your residence and reapply.

Answer Applies to: Colorado - Replied: 10/14/2011

Answered By: Law Offices of Grinberg and Segal

Call now: (212) 202-0646

It would really depend upon the status of your citizenship application. You were not only required to be married for three years and living together after the date you became a lawful permanent residence. You must also have been living together at the time the application for naturalization was filed. Otherwise, you are ineligible to file for naturalization under the three year marriage rule.

Answer Applies to: New York - Replied: 10/14/2011

Answered By: Marie Michaud Attorney At Law

Call now: (310) 328-3500

In order to apply under the three year rule, you must remain married and living in marital union under the day you naturalize. Refile your naturalization application once you have the required 5 years (minus 90 days) after your date of "admission".

Answer Applies to: California - Replied: 10/13/2011

Answered By: Baughman & Wang

Call now: (415) 576-9923

It is unclear what do you mean by "renew" your green card. If you have conditional green card, you must file Form I-751 to remove condition. CIS will not approve your N400 without first or concurrently approving your I-751. The fact your interview was in 2009 but you still have not received a decision is not a good sign. If your lawyer did not respond to your inquiry, find another lawyer.

Answer Applies to: California - Replied: 10/13/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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