Can I still get citizenship if I am not married to a United States citizen? 5 Answers as of July 20, 2011

I was married a little over a year ago to a man from the Philippines upon his trip here we got married right away since our marriage he hasn't not want to file for immigration status and the marriage is now falling apart. I would like a divorce he is out of status because he was told that as long as he was married to me his has citizenship which I am not sure is true. What are the laws in regarding this issue.

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
I assume you are a US citizen. Being married to a USC does not make you a citizen. There is a process you will go through with CIS. If you have not filed any petition yet, there is nothing pending with immigration and therefore no immigration benefits.
Answer Applies to: Nevada
Replied: 7/20/2011
Fong & Associates
Fong & Associates | William D. Fong
If you have not filed for him, he is not in any protected lawful immigration status. The fact that you are separating and will soon divorce will effectively eliminate him immigration options through you. You are free to divorce him at anytime.
Answer Applies to: Texas
Replied: 7/20/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
He needs to get going because he has nothing in terms of status unless he came in as an immigrant. He certainly does not have citizenship, you cannot get it by virtue of marrying a USC, certainly not by marrying an LPR. Also, you actually have to do something in order to get citizenship like qualify for it and then ask for it. You can't get it automatically unless you are a minor child of a USC born and registered abroad and/or entering as an immigrant.
Answer Applies to: California
Replied: 7/20/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
I can respond to your question in general terms. Do not construe this response as legal advice as I would have to meet with you and learn a lot more facts about your case to see if the general principles in my answer apply to your specific case or if facts in your case make the general principle inapplicable. Generally speaking: A U.S. citizens status is only rarely conditioned on conduct after he or she becomes a citizen. A person cannot lose U.S. citizenship simply by changing marital status. Without an approved petition filed by a spouse, a person cannot adjust status through marriage. If a person was battered or subjected to extreme cruelty, he or she can self-petition and become a permanent resident. I cannot schedule an appointment through email. Please call me to schedule an appointment.
Answer Applies to: California
Replied: 7/20/2011
Clifford Togo Sakata
Clifford Togo Sakata | Clifford Togo Sakata
Hi, Based on what you are saying, you are currently out of status regardless of whether you are divorced or not. Please contact an immigration attorney for more information.
Answer Applies to: California
Replied: 7/20/2011
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