N-400 after divorce with issues

[natky 0]

Hello,

I am thinking about submitting N-400 as more than 5 years has passed from when I first got my conditional green card but have major concerns...

I was married for almost 3 years. Around the time I had to file I-751, our relationship was starting to get really bad. She was caught cheating which made me to move out to different place right away.

She later begged me to come back. I did that and then we filed I-751 together. But the relationship couldn't go back to what it used to be. After just couple months - I moved back out to the place I rented earlier that year.

At that time I really did not care about anything. I was struggling to get myself together.

Few months later, my ex-wife notified me about arrival of the 10 year green card (it was approved without an interview) and also said she wanted to get divorced- telling me she found her special someone.

I agreed and we filed divorce petition on the following month - which was finalized a month after filing date. I really didn't care at that time. If I did, I wouldn't agree to divorce right after GC.

This was what initially stopped me from applying N-400 after 5 years thinking this could be postponed until I have to renew my GC.

Things have become more complicated recently. I lost contact with her for 2 years - and she called me out of nowhere.

It sounded like she was struggling with her life. She was saying I tricked her into marriage and tricked her into signing I-751. She said she knows it is not legal to get that GC when we were separated.

She was not asking for anything, she just said she doesn't want to see me enjoy life in US. She said she is going to report/sue me if I don't voluntarily leave US soon.

She does not seem to realize that she would be under some problem as well if she calls this a 'fake' marriage - maybe she does not care.

I feel like I have nowhere to go. I'm not sure her 'report' will actually trigger immediate action from USCIS but worried that there will be a record for future renewal/etc.

And I started to think maybe it is better to apply N-400 and face it before she brings all the mess.

1. Would it raise a flag because my GC receipt date - divorce filed - finalized are just a month apart?

2. We never had legal separation - physical separation was 2 months after we filed I-751 - but the house was under joint lease and I had responsibility on it until divorce. Would this be a problem in N-400 process?

3. What other issues they might look at?

Please advise me on what to do. Thank you very much.

[BigDaddy28 228]

First I would suggest a lawyer. Second call herand tell her to go and live with her special one she found. She cant do anything to you because its not up to her to revoke your card. If she wants to go the court way that will be fine becausethe fact that she cheated on you will be brought up and ghe court will see who was not faithful. I had a situation happened to my friend, his ex reported him to USCIS and he had to go there with his ex. After thry found out she was lying they gave his green card back and appologized to him and told his ex to get a life. What im saying is file your n400, you will be asked about your marriage no doubt about that, thats when you tell them what she has done to you. No man can live ignoring that, nobodu and USCIS knows that. Only thing dont lie to them and dont tell her you are filling for citizenship. Oh and if possible get some documents to prove that you got married to her for good reasons. Insurance bills, phone bills, utility bills are examples.

[kzielu 1,149]

I would just ignore her and go ahead with N-400. She can't sue you for anything, her report will likely get ignored. Don't think you anything to worry about.

[Shub 78]

Sorry you're going through this. It seems like she just has issues and is blaming you for them as a coping mechanism. I would suggest ignoring her. If your story above is an accurate representation of events, you've done nothing wrong and did in fact go out of your way to make things work. File your N-400 based on the 5-year rule. I don't think talking to a lawyer as a precaution would hurt, but I'm pretty sure it'll be fine.

On a personal note, consider changing your phone number so she can't continue harassing you.

[NigeriaorBust 4,087]

You would have been able to get a 10 year green card with a waiver so she really can't do much about forcing you out of the US . Although your marriage was tanking it sounds like you were in the process of trying to work through her cheating when the I751 was being filed. It sounds like there is 0 evidence of fraud on your part , rather fraud on her part filing claiming a relationship with you while she was dipping someone elses stick ( there are penalties for the USC lying during removal ) Gather whatever proof of the relationship you have because your timeline will probably be questioned. I would recommend addressing head on rather than wait ofr it to be discovered. Sounds like she has hit a low point and is looking to make others miserable also. Tell her that is she continues to contact you it is you that will report her for attempted blackmail ( there does not have to be an open request for money for it to qualify ) and that you will file for a no contact order.

[BigDaddy28 228]

Forget about talking to a lawyer I guarantee you she can't do anything to you. And as my friends said above her complaints are going from the envelope USCIS receives to the garbage can they have lol. Don't worry about her I bet she misses you and she tries to control your life because of the guilt she has. Just ignore her and complete your life like you never received that phone call.

[natky 0]

Thank you for your advice. I was searching online and came across a story that is somewhat similar to mine.

http://www.avvo.com/legal-answers/uscis-n400-denied---i-got-my-10-y-green-card-via-m-126829.html

Divorce filed with a physical separation date during I-751 processing and this person was denied and INS officers showed up at the door....

This is how my ex-wife filed the petition - and was the reason why it was finalized in a month.

I'm reading a lot of conflicting things.

1. there is no separation (unless legal separation) policy on I-751 and need to file jointly unless divorced

2. physical separation should have stopped the process and should have filed individually after divorce

If I decide to file N-400, I'm planning to include the following in addition to divorce decree

- joint bank account closed after separation - ~2+ months after separation

- joint credit card closed after separation - ~3+ months after separation

- joint bill closed after separation - until divorce was finalized

- joint house lease - until divorce was finalized

Would this help my case to show that I tried to save the marriage?

I will be contacting some lawyers as well - not may immigration lawyers in my area though.

Please advise me if you read/heard/experienced case like mine. Thank you very much!

[Darnell 8,478]

1. Would it raise a flag because my GC receipt date - divorce filed - finalized are just a month apart?

Absolutely !

So, if you are prepping your application, be certain to include a letter of attestation about this coverage of calendar dates.

USCIS has one last chance to go over this small date range with you.

Edited December 29, 2013 by Darnell

[kzielu 1,149]

Youre filling based on 5 years rule - why are you worried about any evidence ?

[carton025 38]

You are completely legal and within your rights to file the N-400. There is absolutely nothing she can do. Assuming you are legal, working, and earning at least the legal poverty level.

[EM_Vandaveer 2,408]

You are completely legal and within your rights to file the N-400. There is absolutely nothing she can do. Assuming you are legal, working, and earning at least the legal poverty level.

You definitely DO NOT have to have a job or earn any money in order to be eligible to file N-400.

[natky 0]

Thank you.

I have done more research and the more I look at it, it does not matter that much.

There is a USCIS Memorandum specifically on this matter.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

The process is only different if legal separation or divorce proceedings were initiated before or during I-751 process, which clearly does not apply to my case.

I also spoke to a lawyer today, he mentioned there is a minor risk but it shouldn't be a major concern. He also said he can review my documents further if I decide to work with him.

At least the things I have mentioned to him sounded okay.

I will start my process soon. After what happened, I just want to get over it and completely move on. The time and stress I get from this is really worthless.

Thank you all for your input!

Edited December 31, 2013 by natky

[neal18 0]

I had my interview on November 22nd. The IO officer asked me a lot of question about my divorce. My Original GC was based on my marriage to a US citizen. The IO told me that he suspect on me because there is a 37 days gap between the day i received my 10-years GC(Remove the condition on my GC before divorce) and divorce filing date. I pass my interview but at the end he said that we need to review your documents and it will take 3 to 4 weeks. its been 6 weeks now but still i have not heard anything from USCIS. Our marriage was in good faith for 2 and half years but we had some family issues between us. So, we decided to go for divorce and end our marriage relationship.

I have the originals of all document i submitted, when i filed for removing the condition on my GC.

1) Apartment lease join agreement,

2) driving lisance copy showing our same address

3) join Health insurance

4) join bank account

5) join credit card

6) join auto insurance card

7) my 401(K) account showing that she was my 100% beneficiary

8) couple of photos of our trip together

9) Copy of last two Mobile Bill statements from AT & T showing a joint account

10) Copy of last two statements from The Illuminating Company-a FirstEnergy company. etc.....

What kind of review they will do here and how much time it would take to get this done? I am still searching an answer for these questions.

[dwheels76 5,468]

I had my interview on November 22nd. The IO officer asked me a lot of question about my divorce. My Original GC was based on my marriage to a US citizen. The IO told me that he suspect on me because there is a 37 days gap between the day i received my 10-years GC(Remove the condition on my GC before divorce) and divorce filing date. I pass my interview but at the end he said that we need to review your documents and it will take 3 to 4 weeks. its been 6 weeks now but still i have not heard anything from USCIS. Our marriage was in good faith for 2 and half years but we had some family issues between us. So, we decided to go for divorce and end our marriage relationship.

I have the originals of all document i submitted, when i filed for removing the condition on my GC.

1) Apartment lease join agreement,

2) driving lisance copy showing our same address

3) join Health insurance

4) join bank account

5) join credit card

6) join auto insurance card

7) my 401(K) account showing that she was my 100% beneficiary

8) couple of photos of our trip together

9) Copy of last two Mobile Bill statements from AT & T showing a joint account

10) Copy of last two statements from The Illuminating Company-a FirstEnergy company. etc.....

What kind of review they will do here and how much time it would take to get this done? I am still searching an answer for these questions.

The CO thinks maybe fraud like you stated the little time between you getting a 10 year card and than you filed. No one can tell you how long it will take they will dig deeper and see whats up. All you can do is wait and inquire now and than I guess.

[neal18 0]

i dont have any problem if they want to dig deeper into it. The only thing that concerns to me is that they dont keep us in the loop.

Though i have all the original documents and which proves that our marriage was in good faith.

And also my ex-wife got married to another guy that proves that who is in good faith as well.