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husband walked out, would it effect citizenship interview

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  • husband walked out, would it effect citizenship interview

    Hi

    I have been married to a USC for last 7 years. 4 years after receiving my green card, i applied for citizenship. The application was filed under the clause of being married to an USC and being a permanent resident for 3 years or more.

    This June my husband walked out. He has not yet filed for divorce either, (legally I'm still married). My interview is in December. In the interview, I'm supposed to show his naturalization certificate and submit a photocopy. I have the photocopy, but the original is with him. He refuses to give it to me for the interview.

    Please advise what to do ? Do any of you foresee any problems in the interview.

    Thanks in advance
    sujsom

  • #2
    you should not have any problems...But you may have give and explanation of why ur husband left

    Comment


    • #3
      You can use the photo copy aswell, USCIS can pull out the record of your husband, once you have the copy of his naturalization certificate,which is made from the Original,this is known as copy, and if you make another copy from this copy is known as copy of the copy.
      Keep the copy of Original with you and give the officer copy of the copy which must be clear and all the information is readable.
      As far as interview is concern you will be called for, if your husband is with you he can also accompany you for the interview. Otherwise I don't see any problem in this.
      Let see what others have to say in this case. Best of Luck.

      Comment


      • #4
        I thought that if the marriage is no longer viable until citizenship is awarded, then naturalization is not possible prior to the standard 5 year timeframe. I could be wrong, of course. If asked, would you deny that he has left?
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

        Comment


        • #5
          I have not been served with divorce papers, therefore legally I'm still married. If asked I'll tell them the truth. That he walked out and does not live with me. Denial won't do me any good, since I'm unable to produce his original naturalization certificate.

          Comment


          • #6
            Eternity

            My parents came to viist me for 5 months. My husband could not get along with my mother and he left. Do you think the officers at INS would believe me ?

            It's difficult for anyone to understand, let alone an immigration officer. What do you think I should tell them ?

            thanks

            Comment


            • #7
              You could file N-400 if you're within 3 months of your 5yrs anniversary of your LPR status. If the situation with your husband can't be resolved, I would be more inclined to withdraw the current application and restart a new one instead. You'll probably lose a couple of months but there won't be any uncertainty involved.

              Comment


              • #8
                Eternity: Citizenship eligibility 101

                I am going to have to start charging you soon, if this keeps up.


                Sujsom

                Please ignore wrong advice given by eternity.

                Im sorry to tell you...yes the Immigr Officer will understand perfectly about your situation and then perfectly may deny your application. You must be living in marital union when you apply for naturalization based on marriage. As marmaduk suggests, withdraw the application and watit to apply based on your LPR status.

                Here is the USCIS regs that is relative to your situation:

                §319.1 Persons living in marital union with United States citizen spouse.
                (a) Eligibility. To be eligible for naturalization under section 319(a) of the Act, the spouse of a United States citizen must establish that he or she:

                (1) Has been lawfully admitted for permanent residence to the United States;

                (2) Has resided continuously within the United States, as defined under §316.5 of this chapter, for a period of at least three years after having been lawfully admitted for permanent residence;

                (3) Has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period;



                "Marital Union"

                (b) Marital union-(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part.

                (2) Loss of Marital Union-(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen.

                (ii) Separation-(A) Legal separation. Any legal separation will break the continuity of the marital union required for purposes of this part.

                (B) Informal separation. Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union.

                (C) Involuntary separation. In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part.

                Sujsom
                Now if your spouse was willing to come to your interview with the orignial copy, and if you were never asked if you were living in marital bliss... then I would say you pulled it off. But then if you were asked if you were living together in marital bliss., and you answered yes, then you would be lying under oath. And if you get caught lying, like many have... Then you would have totally screwed yourself. Not worth it. Be safe and wait it out.


                Or, take your shot.. if hubby gives you that naturalization cert, go in and tell the truth and see what happens.. All they can say is no, afterall, you already paid the fee. You have nothing to lose. Its up to them, they can always make that exception as yours is an unfortuanate case of waiting too long to have applied. I wish you the best. please come back and let us know.

                Comment


                • #9
                  Looks like mine is a case of bad luck, i would be a month short of the stipulated 4 yrs and 9 months period of holding a GC.

                  Now I'm assuming the worst, that my husband would not give me his certificate. In that case how do i withdraw the application.

                  Just call INS and tell them I would not be able to keep the appointment, or give them the whole story and ask whether i should go to the interview or not.

                  Well worst comes to worst I'll be able to apply again next year.

                  Comment


                  • #10
                    Hi Sujsom


                    "(B) Informal separation. Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union."



                    Seriously. I though about this.. and I say take your shot. Go Ahead to that interview! You have nothing to lose except be denied. thats no big deal if you are, because you will just turn around and apply as LPR. You already have an appointment. JUST MAKE SURE YOU DO NOT LIE, and BE HONEST with the officer. You never know what he may due.. as you see it can be at his discretion. If hubby refuses to give you the original, then tell the officer that fact.

                    Just see what happens

                    We will all be hoping 4U over here.

                    Comment


                    • #11
                      thanks a lot 4now, u give me hope..

                      anyway i had no intention of lying.. i am a very bad liar

                      Comment


                      • #12
                        hi!

                        i wouldn't be so worried if i were you seeing that you already have your permenent residency anyways.

                        there's always someone with issues far mor difficult than becoming a citizen.

                        either ways, good luck!

                        Comment


                        • #13
                          "(A) Section 319(a) of the Act. An applicant whose spouse is a United States citizen may be naturalized upon compliance with all the requirements of Title III except paragraph (1) of section 316(a) if such a person immediately preceding the date of filing his/her application has satisfied the following:

                          "¢ resided continuously, after being lawfully admitted for permanent residence, within the U.S. for at least three years, and

                          "¢ has been living in marital union with the citizen spouse during the three years immediately preceding the date of filing his/her application...

                          G) Separation.



                          (i) General. When an application is filed based upon marriage it is essential under the statute to determine whether the applicant is living apart from the citizen spouse or has been separated from the spouse at any time during the statutory period. Applicants sometimes think of a marital separation only in judicial terms. You must specifically ask if the applicant and spouse have at any time resided apart, for any reason, no matter how long the separation lasted. In completing the application, an applicant will frequently insert the city of his or her residence in the space provided for the residence of the spouse.



                          (ii) Legal Separation. Should a separation be admitted, it is important to ascertain as nearly as possible the specific dates of its duration. You must ascertain the complete circumstances that brought it about in order to determine whether the requisite continuity of living in marital union has been breached. When an applicant is applying for citizenship pursuant to section 319(a) of the Act, any legal separation will break the continuity of the marital union and render the applicant ineligible under this section of the law. See 8 CFR 319.1(b)(2)(ii)(A).



                          (iii) Informal Separation. In addition, any informal separation that suggests marital disunity will be evaluated on a case-by-case basis to determine if there is sufficient evidence to signify the dissolution of the marital union. See 8 CFR 319.1(b)(2)(ii)(B). Occasionally, an applicant will attempt to conceal a marital separation by claiming that the citizen spouse was away on a business trip for an extended period. This is especially apt to occur when the couple has reconciled and resumed living together during the statutory period. Accordingly, whenever it is alleged that the citizen spouse has been away on business for a protracted period of time, the matter should be explored thoroughly. Your questions should cover details of travel, correspondence with the spouse, and details the applicant might be expected to know under the circumstances.

                          From http://uscis.gov/lpbin/lpext.dll/ins...=templates&2.0
                          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                          Comment


                          • #14
                            sappyconifer

                            My case fulfills the first criteria
                            "(A) Section 319(a) of the Act. An applicant whose spouse is a United States citizen may be naturalized upon compliance with all the requirements of Title III except paragraph (1) of section 316(a) if such a person immediately preceding the date of filing his/her application has satisfied the following:

                            "¢ resided continuously, after being lawfully admitted for permanent residence, within the U.S. for at least three years, and

                            "¢ has been living in marital union with the citizen spouse during the three years immediately preceding the date of filing his/her application..."

                            My husband walked out on june 14 2005 and has not yet filed for divorce..

                            So i guess, i should go to the interview after all and try my luck.

                            thanks to all of you for supporting me with kind words

                            Comment


                            • #15
                              he left you because of your mother?
                              what a stupid man, he must have never loved you.

                              neway wish you all the best in the interview.
                              take care
                              Bye

                              Comment



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