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Quarismo

applying for citizen ship after divorce

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Filed: Citizen (pnd) Country: Germany
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i have 10 years green card , i and my wife is not living together any more nor we have plans to apply for divorce , can i still apply for citizen ship after 2 years and 9 months or we need to live together to apply for that any help

Unfortuantely you don't qualify for citizenship after three years anymore because you didn't live with your citizen spouse in marital union in the time before your interview.

http://www.uscis.gov/propub/ProPubVAP.jsp?...d7f3ee121e12500

Sec. 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;

(4) Has been physically present in the United States for periods totaling at least 18 months;

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Filed: Country: Austria
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i have 10 years green card , i and my wife is not living together any more nor we have plans to apply for divorce , can i still apply for citizen ship after 2 years and 9 months or we need to live together to apply for that any help

Unfortuantely you don't qualify for citizenship after three years anymore because you didn't live with your citizen spouse in marital union in the time before your interview.

http://www.uscis.gov/propub/ProPubVAP.jsp?...d7f3ee121e12500

Sec. 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;

(4) Has been physically present in the United States for periods totaling at least 18 months;

neither she is living with me nor she knows i am here and i got my all stuff can she do anything now , can she go to usics and revoke my green card , coz she has cheated on me and living with some one else and when i landed here i found that , so i thought no need to tell her if she is living with her , i have already my 10 years green card , ssn and id card , do i need her in any way in future for citizen ship or in any thing , if i leave state with out telling her obviously i will inform uscis about my new address , does it effect me in any way if my so called wife dont even know i am here and got all things and i am out of this state and settled some where else ,,,

i hope to hear from some one soon

thanks in advance

Quarismo

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neither she is living with me nor she knows i am here and i got my all stuff can she do anything now , can she go to usics and revoke my green card , coz she has cheated on me and living with some one else and when i landed here i found that , so i thought no need to tell her if she is living with her , i have already my 10 years green card , ssn and id card , do i need her in any way in future for citizen ship or in any thing , if i leave state with out telling her obviously i will inform uscis about my new address , does it effect me in any way if my so called wife dont even know i am here and got all things and i am out of this state and settled some where else ,,,

i hope to hear from some one soon

thanks in advance

Quarismo

Even for N400 naturalization process, USCIS sometimes check for bona-fide marriage evidences if you get the green card through marriage.

Sometimes it doesn't matter whether you apply for N400 based on 3 year or 5 year.

In my humble opinion, your case may be seen as marriage scam and/or immigration fraud from USCIS viewpoint.

If you find out your partnet is not sincere to your marriage life, USCIS think your immigration status is not valid any more.

I would suggest to contact immigration attorney to seek for your options.

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Filed: Citizen (apr) Country: Colombia
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Your wife is the USC, married you to bring you here and is cheating with someone else? Usually it's the other way around, the immigrant is the one that does the cheating just to come here and this is fraud against the immigrant in which case the immigrant should be deported. Did you pay your wife to bring you here? In that case both of you committed fraud. Good question as to why your wife brought you here and go through all that expense and take responsibility only to cheat on you. Something is missing.

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Filed: Citizen (pnd) Country: Germany
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I think there are A LOT of puzzle pieces missing here and it's hard to give any advice.

You got the ten year greencard? So you've been married for more than two years. And you have been living in your home country while your wife was living in the US? Then you came to the US, of course without informing your wife, and caught her cheating? Of course you didn't ask for an explanation but just left and decided to start a new life without her. How are you going to divorce her without at least letting her know that you started divorce procedures?

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I think there are A LOT of puzzle pieces missing here and it's hard to give any advice.

You got the ten year greencard? So you've been married for more than two years. And you have been living in your home country while your wife was living in the US? Then you came to the US, of course without informing your wife, and caught her cheating? Of course you didn't ask for an explanation but just left and decided to start a new life without her. How are you going to divorce her without at least letting her know that you started divorce procedures?

I am totally confused and I bet the USCIS officer reviewing this case would also be confused :blink:

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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how did u get the ten year green card if ur wife does not even know ur in the states? im really confused

sara

My assumption is that if he got married with her, and it took 2 years for processing, it's possible.

When he did interviewed with US Embassy if it passed 2 year's anniversary, they will give IR-1, which doesn't have any condition.

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Filed: Country: Austria
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how did u get the ten year green card if ur wife does not even know ur in the states? im really confused

sara

My assumption is that if he got married with her, and it took 2 years for processing, it's possible.

When he did interviewed with US Embassy if it passed 2 year's anniversary, they will give IR-1, which doesn't have any condition.

Respected brother and sisters,

i was married in 2002 , i was interviewed in 2007 and came here in 2009 , so obivously i will have 10 years green card , with out any problem , guess what i had some concern about her before but i didnt tell her any thing , i thought once i get here , i will look at the matter by my self , i am living with her grandmom and my father in law , both welcome me , coz they know i havent done a damn thing , when i came here they told me full story what she was doing in my back , they thought its best to tell u when u get here , she was moved from here , and not living with them any more ..........

when i came here , i talked to her pretending that i am still in my own country , she accepted that she is living with some one , and she started accusing me for no reason , i know her all friends , and her all friends supports me , she lied to every one about me that one day she called me and i was sleeping with some one according to her what she heard on the phone , A woman was screaming " come on honey get back to bed "

IT is one of the biggest s*******t she said , no proof , nothing , she made that remark about me , she came to her grandmother house and introduce that new guy " drug addict" as her new bf ............

and she also accepted to me on the phone when i was here , so i thought no need to meet her when she is happy with some one , .......

Regards to my marriage it was on good faith or not , i can prove it with flying colors , i have proofs by tons , According to you guys some peeps believe that my marriage was for green card , let me tell u one thing that her god father wrote his trailer under my name and her name , in fraud marriages no one writes trailers on some one name , exactly in same way i wrote property in my own country , i have 8 years phone records with me along with 8 years email , hundreds of picture , she was pregnant of my twins ( she lost it ---> miscarriage) you don't get pregnant if u dont love some one , tattoo of my name on her chest ( u dont make tattoos if u don't love that person ) affidavit of supports of her family and my family , i was supporting her financially , her own hand written affidavit that she married me coz she love me and my petition I -130 petition is no force on either sides of family , guess what guys i was denied on interview , after my rejection we had to give extra proof to embassy to prove my marriage as bona fied record proving my marriage on good faith , i guess u guys don't know that adultery is crime here in states , every state has its own rule , in some states u can go to jail up to 12 years and some state will fine u only 10 dollars , in which state i live it says some thing like this " read this

Adultery is a misdemeanor crime . Misdemeanors carry a fine of up to $1000.00 and/or a sentence of up to 6 to 12 months in jail.

TITLE 16. CRIMES AND OFFENSES

CHAPTER 6. SEXUAL OFFENSES

O.C.G.A. § 16-6-19 (2008)

§ 16-6-19. Adultery

" she doesn't have money i know it for the fact , she can easily go to jail , she has even baby of some one else , if i want i can claim by adopted child coz i signed adoption papers for that and can take away her food stamps ,but she is not getting any more coz DFAX took her kids , why ( home was dirty , and children was not getting enough food)....

My lawyer know my full sitution and u guess i guess dont know , if you even us citizen and you cheat on some one , you are in trouble not the one who came here legally , you need to prove your marriage was on good faith , my lawyer is fantastic lawyer , my case was denied and they were sending my case back to uscis for revocation and she made it stop in us embassy and this dont happen every day coz she knows the law and how it works :dance: read this what my lawyer told me

"Regarding your green card, you should

have

the ten year green card. It is difficult to revoke this green

card "

I dont need her any more i have my every thing

one thing more , another lawyer she is also fantastic lawyer , read this

I believe your main immigration question is whether you can divorce her without it affecting your immigration status. The answer is yet. So long as you married in good faith immigration has no problem with you divorcing her especially when there have been issues of betrayal. If you have been married for over two years you should receive your real green card (the one that is good for 10 years). If you have been married for less than two years that you will receive your conditional green card (it is good for two years) and after two years you will have to file some more documents with immigration that state that you entered your marriage in good faith but are now divorced. "

guess what guys , i am not stupid , she dont know i am here , got stuff , she will be divorced and she wont even know she will divorce , i have also plan for that hahahaha , i know how to divorce her with out sending her any notice , but i wont share it . but yes i will meet her once i get divorce papers in my hands , and then i will give her one copy ...... i will never forgive some one who betrays , i am 1000000000 percent innocent , i and my family dont deserve this but any ways i have got my stuff , and she cant do a damn thing

its party time :dance::dance::dance::dance: :dance: :dance: :dance: :dance:

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Filed: Country: Austria
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Sounds like you got it all figured out.

You can file for citizenship after 5 years as a LPR.

yes , i figured out every thing , i am not that immigrant that dont know what's its right is , united states citizen doesn't mean u piss on newly immigrant whenever u like , i have read alot of stories here where , innocent immigrants like me got trapped and dont know what to do ... God blessed me and saved my buttt

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Sounds like you got it all figured out.

You can file for citizenship after 5 years as a LPR.

yes , i figured out every thing , i am not that immigrant that dont know what's its right is , united states citizen doesn't mean u piss on newly immigrant whenever u like , i have read alot of stories here where , innocent immigrants like me got trapped and dont know what to do ... God blessed me and saved my buttt

Hi Quarismo,

I think most people on this forum try to help each other out. Yes, there are exceptions, but I think this website is very helpful in general. Of course, no one should rely on the information posted here as if it was written by a lawyer. If someone is doubtful and do not feel comfortable interpreting the law, he or she should contact an immigration lawyer.

The postings here should be considered as "experiences." Not interpretations of the law. Most of the postings relating to your posts in this thread were to get clarification on your situation in an attempt to relate your experience. Not to talk down to you in any way.

Just an "outsider's" observation. :whistle:

God speed!

Goran

01/31/2009 - Mailed N-400 to the Texas Lockbox

02/05/2009 - USPS "Priority" mail package delivered to Texas Lockbox

02/05/2009 - Priority Date

02/10/2009 - Notice Date

03/03/2009 - Biometrics Appointment

03/19/2009 - Interview Letter Received

05/21/2009 - Interview Appointment

05/21/2009 - Interview Passed

07/15/2009 - Oath Appointment

07/15/2009 - Oath Completed

07/15/2009 - Submitted Passport Application (Standard 4-6 week service)

08/22/2009 - Received letter stating that I did not sign passport application (not true) and need to re-apply

08/24/2009 - Resubmitted passport application

09/05/2009 - Received Passport

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Filed: Country: Austria
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Sounds like you got it all figured out.

You can file for citizenship after 5 years as a LPR.

yes , i figured out every thing , i am not that immigrant that dont know what's its right is , united states citizen doesn't mean u piss on newly immigrant whenever u like , i have read alot of stories here where , innocent immigrants like me got trapped and dont know what to do ... God blessed me and saved my buttt

Hi Quarismo,

I think most people on this forum try to help each other out. Yes, there are exceptions, but I think this website is very helpful in general. Of course, no one should rely on the information posted here as if it was written by a lawyer. If someone is doubtful and do not feel comfortable interpreting the law, he or she should contact an immigration lawyer.

The postings here should be considered as "experiences." Not interpretations of the law. Most of the postings relating to your posts in this thread were to get clarification on your situation in an attempt to relate your experience. Not to talk down to you in any way.

Just an "outsider's" observation. :whistle:

God speed!

Goran

thank you Goran , yes you are right , but now i got all information from immigration attorneys , so you are right , here people talk from experience , u r right and thank you to them

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  • 4 years later...
Filed: K-1 Visa Country: Mexico
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It does happen. I was brought from another country, with my kids, thinking I was marrying someone serious and who cared for our relationship. After some months I realized who he was and what he did. He is the biggest liar on earth. I have a job, my kids go to school, I have friends. I am waiting for my 10 year green card and see if things change. I hope so. I want to trust with my eyes closed as I did before. It's easy to say 'go back to your country', but I got rid of everything to come here and start a new life. I am in college and want to make this experience worth the sacrifice I put my kids through. Still trying to make this work. I have no idea how this story will end, but just wanted to share that yes, you can be brought from another country to be cheated on.

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