HELP! N 400 INTERVIEW EXPEDITED MILITARY NOW HUSBAND WANTS DIVORCE

[navywifeconfused 0]

i have been married to a us citizen for 3 years already, we have been having problems and he got stationed overseas last november, my conditional residency expire in august 08, i applied jointly to remove the conditions in june 08, my case hasnt been approved because it was transfer to another service center due to the number of cases, in february 09 we apply for the n 400 expedited since he is overseas, i have an interview scheduled for the n 400 but my husband now wants a divorce, i dont know what my immigration situation will be now? should i appear in the n 400 interview and tell the the circumstances have change? i dont even know if im eligible anymore to the n 400, what about my 751? the two applications got mixed in one since we asked for expedited citizenship, what should i do now?, he has been threaten me saying he is gonna withdraw both applications and said that the marriage wasnt in good faith, but common we have been marrying three years, we filed taxes jointly, we go on vacation together, our families have met, they even have travel to my country, theres a mortgage, a car loan, insurance, is this possible? i dont know what to do, he was very abusive during the whole marriage, i dont know what to do, im scared of a deportation and also i dont know if is safe of me going to the interview, I TALKED TO HIM TODAY HE SAID HE IS NOT GOING TO WITHDRAW ANY PETITION BUT IM STILL ELIGILIBLE OR NOT?

[navywifeconfused 0]

i have been married to a us citizen for 3 years already, we have been having problems and he got stationed overseas last november, my conditional residency expire in august 08, i applied jointly to remove the conditions in june 08, my case hasnt been approved because it was transfer to another service center due to the number of cases, in february 09 we apply for the n 400 expedited since he is overseas, i have an interview scheduled for the n 400 but my husband now wants a divorce, i dont know what my immigration situation will be now? should i appear in the n 400 interview and tell the the circumstances have change? i dont even know if im eligible anymore to the n 400, what about my 751? the two applications got mixed in one since we asked for expedited citizenship, what should i do now?, he has been threaten me saying he is gonna withdraw both applications and said that the marriage wasnt in good faith, but common we have been marrying three years, we filed taxes jointly, we go on vacation together, our families have met, they even have travel to my country, theres a mortgage, a car loan, insurance, is this possible? i dont know what to do, he was very abusive during the whole marriage, i dont know what to do, im scared of a deportation and also i dont know if is safe of me going to the interview, I TALKED TO HIM TODAY HE SAID HE IS NOT GOING TO WITHDRAW ANY PETITION BUT IM STILL ELIGILIBLE OR NOT?

also his aunt and sister are inmigration lawyers and they have told me to go to the interview with a lawyer and tell them the situation cause we are not divorced yet and he still supports both petitions

[wannabe_texan 0]

Sorry to hear about your situation. If you'll do a search on the forum, I remember there's a post by the user 'LucyRich' whose advice is always very good. I believe it was something like 'the being married and living together for 3 years requirement is at the time of filing for N400'. Even USCIS seems to realize that things change in the time it takes to process, and so if you do get divorced by the time of your interview, you'll tell them of course, and they can either approve it, or you can reapply in another 2 years or whenever you become eligible again. If you are having problems in your marriage (but you are still married) at the time of interview, and the IO asks about the 'health' of your relationship, you should be truthful and yes if your husband still supports your petitions you can tell the IO that. Again they will make a judgment call on it. The worst case that can happen, is that you get divorced and you have to re-file your I-751 as a divorced person and resubmit your evidence of a joint marriage etc.

I would still go the interview, and would take as much evidence for the past and the most current evidence of your marriage. The IO can make a judgment call. Again the absolute worst that can happen is you get divorced, and you have to refile I-751 by yourself.

The only scenario when you would be deported is if they had evidence that your marriage was not for bonafide reasons, and that would change your original adjustment status. From what you have said above, that is extremely unlikely.

Hope this helps.

[Stella08 0]

First of all, I'm very sorry.

Do you have any proof (police reports etc?) of the abuse that has been going on? That would be very helpful.

Unfortunately I can't give much advice, I can only offer a website and a hotline you can call:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

I'm not sure if you will get your N-400 approved at this time or if you will have to wait until your five years as a permanent resident are up. But you should be able to receive your ten-year-greencard.

Please make copies of any important papers you can think of, keep proof of your relationship (e.g. emails, photos), document the abuse (and don't hesitate to call the police if he abuses you again) and call the hotline in the link.

Good luck to you!

[navywifeconfused 0]

First of all, I'm very sorry.

Do you have any proof (police reports etc?) of the abuse that has been going on? That would be very helpful.

Unfortunately I can't give much advice, I can only offer a website and a hotline you can call:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

I'm not sure if you will get your N-400 approved at this time or if you will have to wait until your five years as a permanent resident are up. But you should be able to receive your ten-year-greencard.

Please make copies of any important papers you can think of, keep proof of your relationship (e.g. emails, photos), document the abuse (and don't hesitate to call the police if he abuses you again) and call the hotline in the link.

Good luck to you!

well yes i do have proof emails, pictures, police reports, he lives overseas now and i live in USA, he still supports me, pays my car loan, insurance we have mortgage together, so for uscis and for everybody we still married and we are separated due to his job

[NickD 202]

First of all, I'm very sorry.

Do you have any proof (police reports etc?) of the abuse that has been going on? That would be very helpful.

Unfortunately I can't give much advice, I can only offer a website and a hotline you can call:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

I'm not sure if you will get your N-400 approved at this time or if you will have to wait until your five years as a permanent resident are up. But you should be able to receive your ten-year-greencard.

Please make copies of any important papers you can think of, keep proof of your relationship (e.g. emails, photos), document the abuse (and don't hesitate to call the police if he abuses you again) and call the hotline in the link.

Good luck to you!

well yes i do have proof emails, pictures, police reports, he lives overseas now and i live in USA, he still supports me, pays my car loan, insurance we have mortgage together, so for uscis and for everybody we still married and we are separated due to his job

It's my understanding when dealing with the USCIS, for your application, the burden of proof is on your shoulders, but if it leads to deportation in a court of law, the burden of proof is on the USCIS shoulders. Really haven't heard of that many cases, your only concerned is if you are trying to cover up a lie on your application like overstaying a visa or commiting a felon.

Divorce is always ugly, but would be to your husband's advantage to help you get USC as that would free him from that I-864, you can really cream him on that. But at the same time, you have to be completely honest with the USCIS, that will haunt you forever, so be completely open with them. Worse case would only have to wait another two years. Not like the I-751 where your life here will end of you don't get that ten year card.

[navywifeconfused 0]

yes, im not willing to cover anything im gonna be completely honest, so lets hope everything goes ok, i have talked to many lawyers and all of them told me the same just go and be honest so lets see what happens, worst case scenario ill re apply for the 751 with the divorce decree , thanks for the replies!

[Jamaican JNR 2]

I am so sorry to hear about your situation. What I was told is that you both have to file together to have the conditions removed or seperate re (divorce) no other way. I always tell couple(s) to try and re-discover the passion/love that they had and try and spice it up a notch. In life everything isnt perfect. You didnt mention any reason on your spouce's part re wanting a divorce/withdrawn application? The last line of your post suggest that your spouce is having a change of heart and is considering a second chance at the relationship.

[Stella08 0]

I am so sorry to hear about your situation. What I was told is that you both have to file together to have the conditions removed or seperate re (divorce) no other way. I always tell couple(s) to try and re-discover the passion/love that they had and try and spice it up a notch. In life everything isnt perfect. You didnt mention any reason on your spouce's part re wanting a divorce/withdrawn application? The last line of your post suggest that your spouce is having a change of heart and is considering a second chance at the relationship.

navywifeconfused wrote that her husband abused her the whole time of her marriage. To be honest, all I can say is good riddance and I wouldn't try to rekindle anything. Anybody who abuses another person doesn't deserve a second chance.

[navywifeconfused 0]

yes, but we all are humans a people make mistakes i have forgiving him, but its hard to forget, snd ive been giving him tons f chances

[Stella08 0]

yes, but we all are humans a people make mistakes i have forgiving him, but its hard to forget, snd ive been giving him tons f chances

I wish you would call the Domestic Abuse Hotline.

[navywifeconfused 0]

so the IO denied the n 400 but she asked me for more evidence that the marriage was in good faith i dropped off all the evidence on friday she gave me a continuance notice, and she said she will call me, how long do you guys think ill get an answer?

[TracyTN 237]

With everything involving the USCIS, unfortunately, the answer is 'as long as it takes'.