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Separation after 1-751 filling before 2004 and Naturalization

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  • Separation after 1-751 filling before 2004 and Naturalization

    I am not sure if anyone had gone through this before. I separated after my spouse and I jointly filled for CR removal (I-751) in March 2004. My case was approved without an interview in Sept 2004 and I got my Permanent GC mailed to me in November of the same year. Eventually our separation led to a divorce in June 2005

    A memo was release in Dec 2004 that CR should inform USCIS about their separation - which during after joint I-751 filling. Will this be an issue for me when I file for Naturalization? We filled for CR removal based on bonafide marriage.

    Are these immigration memos retroactive? Please help

  • #2
    I am not sure if anyone had gone through this before. I separated after my spouse and I jointly filled for CR removal (I-751) in March 2004. My case was approved without an interview in Sept 2004 and I got my Permanent GC mailed to me in November of the same year. Eventually our separation led to a divorce in June 2005

    A memo was release in Dec 2004 that CR should inform USCIS about their separation - which during after joint I-751 filling. Will this be an issue for me when I file for Naturalization? We filled for CR removal based on bonafide marriage.

    Are these immigration memos retroactive? Please help

    Comment


    • #3
      It all depends on the officer who reviews your naturalization application. Many at USCIS are lazy and will let it pass. But if you get a concientious officer then you will have a problem. That officer will go back to the divorce issue and essentially re-adjudicate it by examining all the facts and perhaps placing you in removal proceedings.

      Comment


      • #4
        Thanks. I am wondering on what condition that will be. At the time we applied for I-751 we were still together and I have whale of evidences that it was a bonafide marriage that I sent for the consideration.

        In a strict interpretation, I don't know if the new guideline that was released after I got my GC will still apply to me. Before November 2004, all you need to do is jointly sign the I-751 and wait of interview or in my case, no interview is needed.

        My Divorce was after I got my green card, not before the GC. My state require that you have to be separated for 12 months prior to the divorce. Our initial separation was after we jointly signed the I-751.

        Comment


        • #5
          It's possible you might get a particulary concientious officer but what would be achieved by placing you in removal proceedings especially when you have plenty of evidence relating to a good faith marriage? I wouldn't sweat it too much. If the worst does happen you will have your day in front of the IJ before being removed at which point you present all your evidence.
          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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          • #6
            They do that because that is what they are required to do. The divorce is prima facia evidence of fraud and they will obviously look for and develop additional evidence to present in removal proceedings.

            Comment


            • #7
              Akila,

              I dont think it will bring up any issues especially that the approval for i-751 was prior to your divorce. Problems may arise if it was approved after your divorce.
              "A candle loses absolutely nothing by lighting another candle"

              Comment


              • #8
                Bona Fide marriage? ha ha ha what a tangled web we weave...

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                • #9
                  you need good faith marriage waiver, the most
                  Its a discussion, not a legal advise..

                  Comment


                  • #10
                    Good faith marriage waiver? This was a divorce after obtaining green card not before!

                    Comment


                    • #11
                      Okalian,

                      do you think it will matter since the separation was after filing but before the adjudication of my case?

                      Comment


                      • #12
                        You already have your permanent GC? At this point, it would be up to your ex to contest it. If he doesn't, then you should be eligible to file for citizenship.

                        Comment


                        • #13
                          File Form N-400 for naturalization after four years and nine months from the date of your initial GC. Don't look back, just move on with your life.

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> do you think it will matter since the separation was after filing but before the adjudication of my case? </div></BLOCKQUOTE>

                            they'll likely look at it from a legal viewpoint. Legally, the only "official" separation per se, is divorce. There's no proof that you were separated before the i-751 was adjudicated. So as far as USCIS is concerned, you divorced after you received you 10-yr GC, where the only difference it makes is the amount of time required as a LPR to apply for N400.

                            Just like rough neighbor said, apply regardless of what happened before. And if anything comes up during the interview, simply explain what happened.
                            "A candle loses absolutely nothing by lighting another candle"

                            Comment


                            • #15
                              if you had conditional GC and you are in theprocess of removing condition. you need to file it. if you already have ten years GC , you are good for CIT.
                              Its a discussion, not a legal advise..

                              Comment



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