My wife filed for divorce today: What can I do?

[gigant 0]

Hi,

My wife (USC) today come back home and asked me to seat;

She told me today she went and filed divorce papers (we live in Queens NY);

as she says

she feels unhappy and she thinks we dont love each other anymore;

Things have been quite heavy lately with my job and i come home exausted and

late every day, but I never expected such a SHOCKING decision;

The interview appointment for the N400 has to come yet (i filed on SEPT 08 so is coming up)but I feel bad to give up my marriage and my citizenship;

i tried to convince her and made change her mind but she said she is not going to change anything;

What happens now? can I dispute this divorce?

if i sign it will the Court record this separation/divorce?

If the appointment letter come in and i show up at local office, will they see

a separation recorded? will i be in danger/ risk to have my GREEN CARD taken away?

please advice,

thank you, any opinion will be much appreciated

[Sand 5]

hummm well i am so sorry about the Divorce. but i can tell u . looks like my brother. he dint file for his Citizenship yet he need about 2 months to file. and his wife asked him Divorce. and she filed for it. but he still going to file the reason is because the Divorce papers take months and sometimes Year or so. so in this case ur papers should be good with no problem and u dont need to take ur wife with u when u go to ur interview enough to go by urself.

but wait for better answers.

Thanks.

Added ...

Dont sign the papers now.

Edited January 30, 2009 by Sand

[ntinda 0]

Hi,

My wife (USC) today come back home and asked me to seat;

She told me today she went and filed divorce papers (we live in Queens NY);

as she says

she feels unhappy and she thinks we dont love each other anymore;

Things have been quite heavy lately with my job and i come home exausted and

late every day, but I never expected such a SHOCKING decision;

The interview appointment for the N400 has to come yet (i filed on SEPT 08 so is coming up)but I feel bad to give up my marriage and my citizenship;

i tried to convince her and made change her mind but she said she is not going to change anything;

What happens now? can I dispute this divorce?

if i sign it will the Court record this separation/divorce?

If the appointment letter come in and i show up at local office, will they see

a separation recorded? will i be in danger/ risk to have my GREEN CARD taken away?

please advice,

thank you, any opinion will be much appreciated

Am sorry about the divorce. Well if you have already filed for naturalisation, let the process go on and appear for the interview and if you are divorced by then then tell him or her ( interviewing officer). The ten year green card cannot be taken away from you because of the divorce. Also if you have been married for three years by the time of the divorce, it is likely that the interview will be approved even if you are already divorced by the time of the interview. The requirement for naturalisation through marriage is the three year marriage.

Even if you are not approved at the interview, you will only have to wait two extra years and naturalise by yourself. (If your naturalisation is not based on marriage you wait five years instead of three.)

Sorry about your situation. Good luck!

Edited January 30, 2009 by ntinda

[cherr1980 1]

The requirement of naturalization based on three years of marriage is that you STILL be marry and living in marital union at the time of the interview with the same US citizen.

Hi,

My wife (USC) today come back home and asked me to seat;

She told me today she went and filed divorce papers (we live in Queens NY);

as she says

she feels unhappy and she thinks we dont love each other anymore;

Things have been quite heavy lately with my job and i come home exausted and

late every day, but I never expected such a SHOCKING decision;

The interview appointment for the N400 has to come yet (i filed on SEPT 08 so is coming up)but I feel bad to give up my marriage and my citizenship;

i tried to convince her and made change her mind but she said she is not going to change anything;

What happens now? can I dispute this divorce?

if i sign it will the Court record this separation/divorce?

If the appointment letter come in and i show up at local office, will they see

a separation recorded? will i be in danger/ risk to have my GREEN CARD taken away?

please advice,

thank you, any opinion will be much appreciated

Am sorry about the divorce. Well if you have already filed for naturalisation, let the process go on and appear for the interview and if you are divorced by then then tell him or her ( interviewing officer). The ten year green card cannot be taken away from you because of the divorce. Also if you have been married for three years by the time of the divorce, it is likely that the interview will be approved even if you are already divorced by the time of the interview. The requirement for naturalisation through marriage is the three year marriage.

Even if you are not approved at the interview, you will only have to wait two extra years and naturalise by yourself. (If your naturalisation is not based on marriage you wait five years instead of three.)

Sorry about your situation. Good luck!

[Minya's wife 25]

i tried to convince her and made change her mind but she said she is not going to change anything;

What happens now? can I dispute this divorce? dispute it to whom? you've disputed it to your wife, but if she doesn't wish to continue being married to you, then you don't really have a choice but to divorce.

if i sign it will the Court record this separation/divorce? depends on divorce/separation laws in your state, and what papers your wife filed form

If the appointment letter come in and i show up at local office, will they see

a separation recorded? not sure about this, but as with any dealing you have w/ USCIS it is best not to lie.

will i be in danger/ risk to have my GREEN CARD taken away? No, the residency is yours, divorce now does not nullify that.

please advice,

thank you, any opinion will be much appreciated

If you and your spouse cannot reconcile, you should get an attorney and handle your divorce.

Your green card is not going to get taken away, that is yours to keep until validity. Your eligibility to file for citizenship is what is in question should you divorce now. If you are called to interview between now, and when your divorce is final....I would disclose this to the immigration officer. If you divorce, you will not longer be eligible to apply for citizenship based on three years of residency (as with marriage to USC) you will have to have 5 years of residency before you could apply. So a divorce now would have an effect on your eligibility for citizenship....and do nothing to endanger your residency in the US.

Edited January 30, 2009 by Minya's wife

[ntinda 0]

The requirement of naturalization based on three years of marriage is that you STILL be marry and living in marital union at the time of the interview with the same US citizen.

There are people on VJ who have been approved even when they were divorced, but they had been married for three years before the divorce. It all depends...

[NickD 203]

Penalty for not giving all the information or covering up with the USCIS is severe, worth waiting the extra couple of years if you really want to stay here.

Who knows why a woman suddenly petitions for a divorce, mine did the morning after my accident, but was told in one of those worthless divorce counseling groups that is common because she feels you no longer can afford to pay for her life style. Some truth to that, when I got back on my feet, she wanted to come back. But if that's all I am good for, screw her. It's better to have your spouse be the petitioner, makes her the plaintiff, and you on the defense in a court of law. Would be to your wife's advantage to let you get your USC as that should free her from that I-864 sponsorship, kind of an ace you have for the settlement.

Do I feel sorry? Not really, marriage ain't worth a damn anyway, few years later, met and married a woman beyond my wildest dreams and a very happy man now. Good to learn why your marriage failed and just start all over again, being a lot more careful the second time. But be fully honest with the USCIS.

[KyngSilva 0]

The requirement of naturalization based on three years of marriage is that you STILL be marry and living in marital union at the time of the interview with the same US citizen.

There are people on VJ who have been approved even when they were divorced, but they had been married for three years before the divorce. It all depends...

You are correct to state that it all depends. But that depends on if the husband is abusing his wife and she needs to get away from him. HARDSHIP is the key. It's much harder for a male to get his naturalization approved based on the fact that his wife is not content with the marriage. That's the benefit of being married to a USC you get to apply in 3 years rather than 5. So as Cherr stated the law is you have to still be married and living in marital union. I wouldnt necessarliy pull your application out of the process, but I would inform your IO of the situation. It could get a lot worse if you do not say anything and she wants to get some sort of revenge , by calling the USCIS and informing them that your application contains fraudlent information and that she is no longer living with you. Your call thou. Please don;t listen to people who tell you it's ok, their friend did it, or that some people on this board have been approved. Every file and every person is different. We do not know what was said during their interview, or what their circumstances were. Follow the rules and you'll be fine.

[lucyrich 20]

It gets complicated, as you can already see conflicting opinions being expressed.

On the USCIS site, there are laws, regulations, and interpretations posted. They also tend to be a bit muddled. Generally, you've got to meet the requirements of both the law and the regulation, as modified by the interpretations.

The relevant law is INA 319(a)

Any person whose spouse is a citizen of the United States, ... may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse

So the statute itself only talks about the requirement to live together before filing. It says nothing about what happens between filing and approval.

The relevant regulation is 8 CFR 319.1

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;

That says you must've been living together for the three years before your application is examined.

Finally, note the published interpretations, section 319.1(d)

A person who petitions for naturalization as the spouse of a United States citizen under section 319(a) is ineligible if, before or after the filing of the petition, the marriage has terminated by death or divorce ...

Although section 319(a) ... further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required.

So it seems to me that the interpretation conflicts with the wording of the regulation.

I seem to remember reading that the USCIS behaves according to the published interpretation. That is, if you separate between filing the petition and being approved, but remain legally married, your naturalization can be approved. If you divorce before taking the oath of naturalization, you are ineligible for naturalization.

But I could be wrong on the finer points here.

In any case, divorce won't jeopardize your green card. In the worst case, you'll be able to file again after having five years continuous residence. And there's no harm in letting the N-400 continue on its course until the interview. Do NOT try to conceal or hide the impending divorce at the interview.

[gigant 0]

It gets complicated, as you can already see conflicting opinions being expressed.

On the USCIS site, there are laws, regulations, and interpretations posted. They also tend to be a bit muddled. Generally, you've got to meet the requirements of both the law and the regulation, as modified by the interpretations.

The relevant law is INA 319(a)

Any person whose spouse is a citizen of the United States, ... may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse

So the statute itself only talks about the requirement to live together before filing. It says nothing about what happens between filing and approval.

The relevant regulation is 8 CFR 319.1

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;

That says you must've been living together for the three years before your application is examined.

Finally, note the published interpretations, section 319.1(d)

A person who petitions for naturalization as the spouse of a United States citizen under section 319(a) is ineligible if, before or after the filing of the petition, the marriage has terminated by death or divorce ...

Although section 319(a) ... further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required.

So it seems to me that the interpretation conflicts with the wording of the regulation.

I seem to remember reading that the USCIS behaves according to the published interpretation. That is, if you separate between filing the petition and being approved, but remain legally married, your naturalization can be approved. If you divorce before taking the oath of naturalization, you are ineligible for naturalization.

But I could be wrong on the finer points here.

In any case, divorce won't jeopardize your green card. In the worst case, you'll be able to file again after having five years continuous residence. And there's no harm in letting the N-400 continue on its course until the interview. Do NOT try to conceal or hide the impending divorce at the interview.

This is a hopeful post, thank you;

Based on a WORD interpretation of USCIS regulstions for N400 i should:

-not withdraw the n400 petition

-show up at the interview

-INFORM the IO re changes on my marital union

-wait for the decision of the IO

is that all correct?

in another forum the majority of the posters said the marital union requirements

must be met up to until the OATH date and I better stay HOME as the IO will

deny my case

[NickD 203]

It gets complicated, as you can already see conflicting opinions being expressed.

On the USCIS site, there are laws, regulations, and interpretations posted. They also tend to be a bit muddled. Generally, you've got to meet the requirements of both the law and the regulation, as modified by the interpretations.

The relevant law is INA 319(a)

Any person whose spouse is a citizen of the United States, ... may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse

So the statute itself only talks about the requirement to live together before filing. It says nothing about what happens between filing and approval.

The relevant regulation is 8 CFR 319.1

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;

That says you must've been living together for the three years before your application is examined.

Finally, note the published interpretations, section 319.1(d)

A person who petitions for naturalization as the spouse of a United States citizen under section 319(a) is ineligible if, before or after the filing of the petition, the marriage has terminated by death or divorce ...

Although section 319(a) ... further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required.

So it seems to me that the interpretation conflicts with the wording of the regulation.

I seem to remember reading that the USCIS behaves according to the published interpretation. That is, if you separate between filing the petition and being approved, but remain legally married, your naturalization can be approved. If you divorce before taking the oath of naturalization, you are ineligible for naturalization.

But I could be wrong on the finer points here.

In any case, divorce won't jeopardize your green card. In the worst case, you'll be able to file again after having five years continuous residence. And there's no harm in letting the N-400 continue on its course until the interview. Do NOT try to conceal or hide the impending divorce at the interview.

This is a hopeful post, thank you;

Based on a WORD interpretation of USCIS regulstions for N400 i should:

-not withdraw the n400 petition

-show up at the interview

-INFORM the IO re changes on my marital union

-wait for the decision of the IO

is that all correct?

in another forum the majority of the posters said the marital union requirements

must be met up to until the OATH date and I better stay HOME as the IO will

deny my case

Any changes in your marital status since your interview is the very first question they ask before taking your oath. Do not believe the USCIS gives refunds if your conditions change, just on that principle would keep the interview appointment so at least you get part of your money's worth. See what happens, be honest, and that is all you can do.

[Troy W 0]

First of all, Don’t leave the marital residence voluntarily. Most states do not force one person out of the marital home unless there is abuse involved. Quite frankly your spouse can not even force you out of the marital bed in a lot of states.

Your best bet is to just hire an attorney for the divorce and play a delaying game. File responses to her divorce motions at the latest moment possible by law,,, your attorney can help you with that if you explain to him what you need.

You have an ace in the whole for the divorce, the affidavit of support, make sure you lawyer stresses that to your spouse and he uses it for leverage.

Listen to the others for the immigration issues you originally asked about but as far as the divorce is concerned as long as you play nice with your spouse you could delay the divorce for years.

Also a nice delaying tactic I have seen used is simply going before the judge in one of the pretrial motions and saying you love your spouse and asking for a delay in the matter to see if you two can work it out. In Michigan that is an automatic 6 month stay in the process. It is not in law as far as I know but my EX wife did it to me. I ended up spending 18 months living, supporting and even sleeping in the same bed with a woman that I had filed divorce from. In my case I gave up on the divorce in Michigan and moved to Kentucky.

[AusCal 3]

in another forum the majority of the posters said the marital union requirements

must be met up to until the OATH date and I better stay HOME as the IO will

deny my case

Even if it is very likely the IO will deny your case (and I make no claim to have an opinion or knowledge on that) I think that you should attend the interview that is scheduled, be totally truthful with the IO, and see what the outcome is. Worst case scenario, you will be found to be ineligible for naturalization at his time. Then, you can reapply in another two years. Best outcome - your case will be approved. Your only other options - not attending the interview - which will lead to a "please explain why, or you will close your case" letter, or withdrawing your application before the interview - will both lead to you not receiving citizenship at this time. I would say go the the interview, you have nothing to lose. But, DO NOT be tempted to lie - that could, worst case scenario - lead to the revocation of your permanent residence.

[ladi2005 0]

in another forum the majority of the posters said the marital union requirements

must be met up to until the OATH date and I better stay HOME as the IO will

deny my case

Even if it is very likely the IO will deny your case (and I make no claim to have an opinion or knowledge on that) I think that you should attend the interview that is scheduled, be totally truthful with the IO, and see what the outcome is. Worst case scenario, you will be found to be ineligible for naturalization at his time. Then, you can reapply in another two years. Best outcome - your case will be approved. Your only other options - not attending the interview - which will lead to a "please explain why, or you will close your case" letter, or withdrawing your application before the interview - will both lead to you not receiving citizenship at this time. I would say go the the interview, you have nothing to lose. But, DO NOT be tempted to lie - that could, worst case scenario - lead to the revocation of your permanent residence.

Go ahead with it, but make sure that the truth be told!! Best of luck to you.