Announcement

Collapse
No announcement yet.

Separation after 1-751 filling before 2004 and Naturalization

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Okalian,

    My divorce petition states that we separated after we jointly filed. The date shown on the petition is after we filled the I-751. It was an informal separation that was taken into account when the divorce was filed later.
    I am looking at things from legal point of view. Could USCIS claim that they wouldnt have approved the I-751 if they had noticed that we separated after we sent the joint petition in? I am just looking at things from technical point of view or maybe I am just paranoid

    Comment


    • #17
      As federal said, it all depends on the conscientious officer who can go after all the details in your application. If they conclude that the approval should not have been given in the first place, you will see a removal in your mail. Its rare, but possible. Separating soon after filing a 751 is supposedly concluded as alleged fraud by the government.

      But it all goes bad you have your day in court. There is nothing you can do now but file the N400 and watch. It is your responsibility to inform the government of changes within your marriage status. You could have withdrawn the joint filing and filed a waiver during that time.

      What date was your divorce granted official? And when was the 10 year green card approved?

      It also depends on the policy of the local district director, they could easily conclude the separation means a breakdown of marriage, so terminate the green card.

      Comment


      • #18
        Divorce filed for 6 months after LPR granted. Divorce granted 3 months after filing.

        I am considering withdrawing my application and renewing my green card for the meantime

        Comment


        • #19
          In a no-fault divorce in my state, you have to wait for a year to file for divorce. I got my GC 5 months after the separation based on the evidences sent and we still tried to make things work but it didnt.

          Comment


          • #20
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Akila:
            Divorce filed for 6 months after LPR granted. Divorce granted 3 months after filing.

            I am considering withdrawing my application and renewing my green card for the meantime </div></BLOCKQUOTE>


            Do not even think about withdrawing your application. It will be no different today than it will be 3 years from now.

            It is good that your divorce was filed AFTER your petition was adjudicated. You can show that the divorce was filed after, and the final decree was three months later. It will take a saavy I/O to recognize that your state requires a 1 year seperation to put 2/2 together.

            Even if that is the case, the worst case scenario will be that the n-400 will be denied, and the greencard joint will be overturned to be denied. They will instruct you to file a I-751 waiver with the same evidence from the joint petition to be approved. Then you will be able to file the n-400 again based on the 5 yrs residency.

            If you are questioned on the marriage, of course it fell apart, and you tried counseling to work it out , and it just didnt work out, and divorce filed six months later. END OF STORY

            Good Luck

            Comment


            • #21
              Withdraw and just don't file for citizenship ever.

              Comment


              • #22
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
                Withdraw and just don't file for citizenship ever. </div></BLOCKQUOTE>
                What an advise? withdrawing wont do much, the N-400 application is already in my file. I wont bet they wont check the information next time when I renew my green card.
                I will rather go ahead with the naturalization and see what happens. *Now I need a good lawyer*

                Comment


                • #23
                  By the way, this is what I found in the USCIS field manual:

                  Through Marriage – In cases where the applicant obtained status through marriage you would review the marital history section of the N-400, the list of addresses, and children to determine whether the applicant had a qualifying relationship at the time of immigration or adjustment and, for section 319 applicants, is living in marital union with the petitioner.


                  If the applicant acquired status through marriage and he/she is now divorced from the U. S. citizen or resident alien spouse, you must develop questions to address this issue. You should ask these applicants to provide a copy of their divorce decrees, and findings of fact, conclusions of law, bill of complaint, petition for dissolution of marriage, or separation agreement to explain when the parties to a divorce were separated. These documents must be reviewed carefully, especially for those applicants who were granted conditional permanent residence, and claimed to be residing with the United States citizen or resident alien spouse when the Petition to Remove Conditions on Residence, Form I-751 was filed, yet they were separated at the time. These applicants were classified as conditional permanent residents because they had less than two years of marriage to their spouse at the time they were granted resident alien status. [See 8 CFR 319 , 216.1 , 216.2 . ]

                  Based on the field manual, it looks like they are interested in knowing if you were lying that u were together when you filed the I-751 and you were not divorced by the time it was adjudicated.

                  Comment


                  • #24
                    hi Akila,

                    what state are you in?
                    have you heard anything from them yet?
                    what did you include in your N400 package?

                    Comment


                    • #25
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Ira:
                      hi Akila,

                      what state are you in?
                      have you heard anything from them yet?
                      what did you include in your N400 package? </div></BLOCKQUOTE>
                      Maryland.
                      I am scheduled for my fingerprinting soon. I am betting I will be called for an interview first or second week in June. Oh! well..I hope I wont die of anxiety till then

                      Comment


                      • #26
                        Hey Atila better follow Federale86 advice plus it's free.

                        Comment


                        • #27
                          I passed my interview and I was sworn in as a US Citizen the same day. My interview was easy and I was out in 10 Minutes and I had the opportunity of getting sworn in the same day.

                          Comment


                          • #28
                            Good stuff Akila. It shows how wrong the advice federale86 (better known as fedNUT on here) was.
                            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                            Comment

                            Sorry, you are not authorized to view this page

                            Home Page

                            Immigration Daily

                            Archives

                            Processing times

                            Immigration forms

                            Discussion board

                            Resources

                            Blogs

                            Twitter feed

                            Immigrant Nation

                            Attorney2Attorney

                            CLE Workshops

                            Immigration books

                            Advertise on ILW

                            EB-5

                            移民日报

                            About ILW.COM

                            Connect to us

                            Questions/Comments

                            SUBSCRIBE

                            Immigration Daily



                            Working...
                            X