I applied for Citizenship under my Military status and was denied Citizenship today! In the denial leter it was stated that my ex-wife stated that she felt that she was used for green card and was coached on what to expect during the green card interview so therefore the marriage was a fruad. She also stated that she does not remember where she got married "Courthouse or something" She divorsed me, I was not the one that divorsed her. Before I signed the divorce forms, I kept asking her if divorse was what she really wanted she stated "yes". One can only imagine what to expect from an upset ex-wife. Is there anything I can do during my appeal process to help my case? Lastly, We consulted with an immigration lawyer together back when we were filling for the green card. The lawyer did explain how the process was and things to expect during the interview! I am planning to get a testimony from the lawyer confirming that fact. If anyone knows what I can do during my appeal process could you help please?

Your wife has told USCIS that the marriage was fraudulent. Your only opportunity is political asylum. Good luck, you will need it. Don't for get that any false statement you make in this process is punishable under both the United States Code but especially for you the UCMJ.

I wonder what "hard" evidence the USCIS based this decision on? Usually a "sour grapes" letter alone from the ex-USC spouse isn't enough to act on. Unless they have paper trail to show in court in front of the IJ, it's hearsay.

They did'nt get any evidence from her. It was a phone call. And what does political assylum do?

quote:

Originally posted by elebedi:
They did'nt get any evidence from her. It was a phone call. And what does political assylum do?

It Is A Grab Bag!!!!! For The Next Few Months there Will be No 100% guarantee!!!! phone Call? Letter?
gotta Be At The Right place At The Right Time!!!! . Now Unfortunately Is A Void Of Anything definite!!!! If You Can???? Come Back In February For More Substantial Information And Assistance! Note: I Am Only One Of Many! do Not Base Anything On Just One!!!! Transitional Period where Time stands Still! My Interpretation. MINE!

quote:

Originally posted by elebedi:
They did'nt get any evidence from her. It was a phone call. And what does political assylum do?

They are not going to deny citizenship on the basis of a phone call.

quote:

Originally posted by Theone:

quote:

Originally posted by elebedi:
They did'nt get any evidence from her. It was a phone call. And what does political assylum do?

They are not going to deny citizenship on the basis of a phone call.

My God Man!!! It Is Friday Evening!!!! Did You Actually post?????? Have You no understanding Or concept Of USA In The TODAY!!!!!! Why Are you here????? You should Be Out Tapping That New Environmentally Friendly Fuel!!!! . LOL. Kidding, please leave Message At The Tone, And someone Will Return Your Call within The Hour! Ok, Ok, Not Within The Hour. Sometime Tomorrow????? . look guys If I Am expected To do This on Friday, I Expect Double Time Pay!!!!!

quote:

Originally posted by Theone:

quote:

Originally posted by elebedi:
They did'nt get any evidence from her. It was a phone call. And what does political assylum do?

They are not going to deny citizenship on the basis of a phone call.

Correct They would need substantial evidence of marriage fraud to act, ie. proof the marriage was entered into for the purpose of evading Immigration law.

ShE Is oBvIoUsLy aN ExTrEmElY TeNaCiOuS LaDy wHo dOeS NoT WaNt hEr eXtRaOrDiNaRy dEdUcTiOnS To bE CoNtRaDiCtEd bY ThE EvIdEnCe.

elebedi, try going the freedom of information act way. Write uscis and ask for all the information they have in your file. They will give it to you.

good luck

quote:

Originally posted by elebedi:
They did'nt get any evidence from her. It was a phone call. And what does political assylum do?

Sounds like uscis received an notarized affadavit from her. FOIA is a good start, however be aware that uscis is not obligated to turn over everything in your file and will probably only give you copies of your petitions filed.

Do you know if it is uscis intention to reopen your green card case and strip you of your greencard in addition to denying your citizenship based on military?



Timeline in your story may be helpful in advising you to see the big picture of things and how they went down. How long were you married? Conditions were removed no problems with joint petition on 751? Or was it ir1/cr1 where you received a permanent card after arrival in usa?


Only then can I offer an opinion

quote:

Your wife has told USCIS that the marriage was fraudulent. Your only opportunity is political asylum. Good luck, you will need it. Don't for get that any false statement you make in this process is punishable under both the United States Code but especially for you the UCMJ.

this is the worse advice in the whole world

Sure, take Mike's advice and make statements that are punishable under the UCMJ. I am sure Mike will be your free attorney. Face it, your ex-wife told USCIS that she was "coached" in the adjustment interview. Sourgrapes or not that is sufficient evidence for fraud. You got a good changce of criminal prosecution for immigration fraud under various statutes. Just appeal your denial, so you bring attention to your acts and false statements. Better have a really good attorney.

no i'm not his free lawyer and keep your stupid comment for your self ok, i made that comment about the political asylum part.

We were married for two years, and was separated before I deployed. Actually she moved out and left me for ruin when I needed her support the most. After my return she threw divorse papers in my face. During my naturalization interview the divorse was not yet finalized so she was called. And that was when she made all the comments. The condition on my gc is not removed yet. But the most important reason my unit apply for citizenship on my behalf was because of a forth-comming deployment that required me to be a citizen. I have presented letters from base that explained reason why they'd filled for me. But I dont think they were looking at those leters based on things my ex-spouse said. So, does anyone know what the military can do on their side?

quote:

Originally posted by elebedi:
We were married for two years, and was separated before I deployed. Actually she moved out and left me for ruin when I needed her support the most. After my return she threw divorse papers in my face. During my naturalization interview the divorse was not yet finalized so she was called. And that was when she made all the comments. The condition on my gc is not removed yet. But the most important reason my unit apply for citizenship on my behalf was because of a forth-comming deployment that required me to be a citizen. I have presented letters from base that explained reason why they'd filled for me. But I dont think they were looking at those leters based on things my ex-spouse said. So, does anyone know what the military can do on their side?

Hello E

BTW welcome to the forum.

Your situation is a little bit more complicated now. You say you were married for 2 years.. this is on paper..
How long did you actually live together as man and wife before the seperation?

Did you file a joint petition together for a 751 to remove the conditions? if so when?

This rush to citizenship has caused this situation. You are not adjudicated for permanent card and your unit is applying for citizenship. ?? you told me that you are applying under military service, when in fact it sounds like you have applied based on 3yrs rule of marriage to usc citizen... is this correct? (since officer called your wife to verify)

Did you apply for removal of conditions as a joint petition ? if so, did she sign the joint petiton to agree to it, and were you seperated at the time of the signing?

please answer the above and we will give you best course of action to take.

You need a good attorney at this point so far . Not just any immigration attorney either... but one that is experienced . I will tell you in which regard when you asnser the above questions..

How did you come into the country ?

What grounds did they file for your citizenship under? Was it on the basis of your marriage or your military service? If it was marriage, then I can somewhat understand the denial as you didn't meet the criteria - ie, not married long enough, not still together etc.

I would think your JAG office would be the best place to go regarding this situation.

Only aliens that are in a viable and sustaining marriage are eligible to apply for citizenship at the 3 year mark. You should have waited until you had been a permanent resident for 4 years and 9 months. That aside, your US citizen ex-wife must have given USCIS some concrete reason to believe her allegations without speaking with you to double-check. Typically, they disregard much offered by exes, because of the fact parties after divorce are often acrimonious. So what could she have offered USCIS as evidence of your fraudulent intentions?

quote:

Originally posted by elebedi:
I applied for Citizenship under my Military status and was denied Citizenship today! In the denial leter it was stated that my ex-wife stated that she felt that she was used for green card and was coached on what to expect during the green card interview so therefore the marriage was a fruad. She also stated that she does not remember where she got married "Courthouse or something" She divorsed me, I was not the one that divorsed her. Before I signed the divorce forms, I kept asking her if divorse was what she really wanted she stated "yes". One can only imagine what to expect from an upset ex-wife. Is there anything I can do during my appeal process to help my case? Lastly, We consulted with an immigration lawyer together back when we were filling for the green card. The lawyer did explain how the process was and things to expect during the interview! I am planning to get a testimony from the lawyer confirming that fact. If anyone knows what I can do during my appeal process could you help please?

elebedi,

As per what 4now and Aroha mentioned earlier..if you did apply based on marriage, it would be denied because you were separated and divorcing during the application.
For marriage based, you have to be living together as man and wife still, right up to the Oath Ceremony.
In your case you were away because of Military, but you still have to remain married and no separation/divorce intended or filed.
If you separate before or during the application it will be denied or you withdraw application and re-apply at 4 yrs 9 months for non marriage based.

Military service can also expedite citizenship, but it does sound to me like they've gone in under the marriage.