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  • #16
    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?

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    • #17
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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? </div></BLOCKQUOTE>

      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 ?

      Comment


      • #18
        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.
        **************************************
        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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        • #19
          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?<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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? </div></BLOCKQUOTE>

          Comment


          • #20
            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.
            -----------------------------------------------------------------------------------------------
            God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

            National Domestic Violence Hotline:
            1.800.799.SAFE (7233) 1.800.787.

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            • #21
              Military service can also expedite citizenship, but it does sound to me like they've gone in under the marriage.
              **************************************
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

              Comment


              • #22
                Thats right Aroha. My unit filled based on the forth-comming deployment which required me to be a Citizen first. So I do not know why they based their decision on the marriage. The lawyers I spoke to really told me that my case is kinda weird. But I have send in a appeal form. And I have letters frrom my unit stating why they applied for me.

                Comment


                • #23
                  If USCIS actually investigated, any false statement of any kind, material or not, stupid little lie that means nothing, whatever, that's enough to deny citizenship on the basis of a lack of GMC if there's the required subjective intent and all other conditions apply. Maybe not enough to deport, sure, but it may well be enough to find a lack of GMC. Key point, materiality is not an issue.

                  I got the feeling that's all there is here.

                  - THIS IS NOT LEGAL ADVICE -

                  Comment


                  • #24
                    [QUOTE]Originally posted by elebedi:
                    Thats right Aroha. My unit filled based on the forth-comming deployment which required me to be a Citizen first. So I do not know why they based their decision on the marriage. The lawyers I spoke to really told me that my case is kinda weird. But I have send in a appeal form. And I have letters frrom my unit stating why they applied for me.[/QUOTE



                    You have NOT answered one single question that has been asked of you in regards to this n-400. It is not relevant about this deployment requiring you being a citizen. The important issue here is how was the application marked? Was citizen application marked based on MILITARY or based on MARRIAGE to usc? It is very simple to find out by looking at a copy of the n-400 filed by your unit. ONLY then and ONLY then can you get a course of action to take for appeal or take any credible advice from anyone including an attorney.

                    In addition, you never asnswered my questions about if you had to remove conditions or how you came to be processed..(ir1/cr1)


                    How can one fight an appeal to win if in fact you do not know what you are fighting to overturn what you believe to be in error ?

                    Comment


                    • #25
                      To answer your question the N-400 says applying based on military service. That was what was checked in the form. And the condition was not removed yet.

                      Comment


                      • #26
                        So, the following applies to you?

                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
                        A person who has served honorably in the U.S. Armed Forces,
                        AND
                        If you are at least 18 years old, a Lawful Permanent Resident with at least one year of U.S. Armed Forces service, and you are filing your application for naturalization while still in the service or within six months after the termination of such service.

                        OR
                        You served honorably as a member of the Selected Reserve of the Ready Reserve or in active-duty status during a designated period of hostilities. You then may apply for naturalization without having been physically present in the United States for any specified period. </div></BLOCKQUOTE>

                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by elebedi:
                        To answer your question the N-400 says applying based on military service. That was what was checked in the form. And the condition was not removed yet. </div></BLOCKQUOTE>

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                        • #27
                          I meet all that.

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                          • #28
                            I find it curious that he seems to not answer the question being asked. First, the unit does not apply for you nor are there deployments that require US citizenship, but there are billets/MOSs/units that require US citizenship, such as attachment to the NSA, intelligence MOSs, etc. A full unit deployment does not require US. citizenship. More importantly we are not getting the details that the ex-spouse gave the USCIS. In the denial there is a reason for the denial and an even more detailed reason if an appeal was filed. Those are usually detailed in a letter from the relevant Field Office Director.

                            Comment


                            • #29
                              And the only way to maintain your residency, since the USCIS has determined that your marriage was fraudulent, is to apply for political asylum or its derivatives, such as protection under the Convention Against Torture. Where are you from? Hopefully a third world dictatorship, or, in the case of the USCIS San Francisco District Asylum Office, from Romania, where they are still approving political asylum applications based on persecution by the now long dead dictator, Nicolae Ceau?escu.

                              Comment


                              • #30
                                When I first joined I did not get granted a high clearance. And I was told that to go on the forth-comming deployment i have to get a clearance and the clearance requires me to a citizen. I know that many deployments do not require you to be a citizen but however this one does! And I have gotten letters from my commander stating the fact. I made an appointment with Jag on tuesday and was told to bring the denial letter and all the document I have. I will let kyou guys know what thier response is tuesday afternoon. Thanks for your input, I appreciate it.

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