n400 and divorce stipulation of discontinuance question

[gigant 0]

Hi,

After filing for N400 last jan my wife (usc) filed for divorce on Jan 2008;

Now we reconciled and we agreed to sign a STIPULATION of discontinuance: this will (the law office say) withdraw the divorce originally filed:

Is this true?: a petition of discontinuation will withdraw

For good the divorce paper?

In this case should I explain the all story to the immigration officer that will interview me?

I know this may be a divorce question matter but I've nowhere else to ask;

Some people here already know my case;

Pls advice

Thank you a lot

[Stella08 0]

The stipulation to be able to file for citizenship after only three years is that you have been married and lived together with the same US citizen for the past three years. I think the officer might want to see proof that you fulfilled these conditions while you had a divorce going on. Might be hard to do and it might depend on the officer how easy he is to convince that you can live together in a married union and have divorce proceedings going on at the same time.

Of course I don't know if the discontinuance means that the pending divorce will be totally erased from court records. Maybe somebody else has some insight to this.

[AusCal 3]

In this case should I explain the all story to the immigration officer that will interview me?

Absolutely. I don't know the "ins & outs" of divorce, but, it is always good advice not to withhold anything from the IO. This way, either your case is approved, or not. If you haven't withheld anything and your case is approved, great, but, if you do withhold information - wouldn't you always be concerned it could come back at a later date? Even if your case is not approved at this time, you still have your green card and can reapply later.

Remember, if you lie at your oath interview (or, withhold anything you think may be material) this is grounds for being "de-naturalized" at a later date.

[diadromous mermaid 36]

As far as I know, a stipulation for discontinuance will halt the divorce process. It will not expunge any record of a petition for divorce having been served and commenced. However, the "discretion" afforded the AO in any Naturalization adjudication with respect to any separation of the parties prior to a decision being made on an application is there for this very reason. USCIS understands that marriages between USCs and aliens are not all that different from marriages between USCs and USCs. Sometimes parties separate, but later reconcile. The AO will use his or her discretion in determining if your separation was an indication that your marriage is now in a terminal state. Frankly, the fact that you were headed for a divorce, momentarily and that you have now reconciled and repaired your marriage could be interpretted as a testament to the validity of your union.

Hi,

After filing for N400 last jan my wife (usc) filed for divorce on Jan 2008;

Now we reconciled and we agreed to sign a STIPULATION of discontinuance: this will (the law office say) withdraw the divorce originally filed:

Is this true?: a petition of discontinuation will withdraw

For good the divorce paper?

In this case should I explain the all story to the immigration officer that will interview me?

I know this may be a divorce question matter but I've nowhere else to ask;

Some people here already know my case;

Pls advice

Thank you a lot

[gigant 0]

As far as I know, a stipulation for discontinuance will halt the divorce process. It will not expunge any record of a petition for divorce having been served and commenced. However, the "discretion" afforded the AO in any Naturalization adjudication with respect to any separation of the parties prior to a decision being made on an application is there for this very reason. USCIS understands that marriages between USCs and aliens are not all that different from marriages between USCs and USCs. Sometimes parties separate, but later reconcile. The AO will use his or her discretion in determining if your separation was an indication that your marriage is now in a terminal state. Frankly, the fact that you were headed for a divorce, momentarily and that you have now reconciled and repaired your marriage could be interpretted as a testament to the validity of your union.

Hi,

After filing for N400 last jan my wife (usc) filed for divorce on Jan 2008;

Now we reconciled and we agreed to sign a STIPULATION of discontinuance: this will (the law office say) withdraw the divorce originally filed:

Is this true?: a petition of discontinuation will withdraw

For good the divorce paper?

In this case should I explain the all story to the immigration officer that will interview me?

I know this may be a divorce question matter but I've nowhere else to ask;

Some people here already know my case;

Pls advice

Thank you a lot

hi diadromus,

i have to add that me and my wife have been through the "stokes" interview back in 2005 for my AOS , will this add additional suspect in the AO mind?

after she filed for divorce i also took a trip outside the country alone,

with this background do you still suggest me to go for the interview?

what is the maximum that i risk by going to the interview?

thank you

[NickD 203]

Again you are asking for specific answers with providing specifics. If you exceeded the limit on your days out of the country, your pending divorce won't even be an issue. You would also have to specify the number of days you were separated from your wife, how they deal with that is beyond me.

Can only suggest you lay all of your cards on the table, but even if your IO approves you, still no guarantee if will be approved by a higher up as all they have to go buy is written pieces of paper. Many here have been approved at the interview, only later to learn, that oath letter is not in the mail.

[diadromous mermaid 36]

Having been called for a "stokes" interview in the past does cast some doubt as to the legitimacy of the marriage, yes, but in the end you prevailed in demonstrating that the relationship was bonafide. How that impacts the next step depends entirely upon the circumstances that followed the adjustment of status phase.

If the marriage unraveled shortly after the GC was awarded, and you spent a large part of the time that elapsed, either separated or in different countries, then yes I would think that the bar would be raised in demonstrating that the whole marriage was not suspect. If you have any doubt, it would be best to confer with an immigration specialist. Withdrawing the application for expedited Naturalisation and awaiting the appropriate time to apply under the 5 year rule, is much better than being found to be ineligible, or worse yet, having it rescinded. What is your hurry?

As far as I know, a stipulation for discontinuance will halt the divorce process. It will not expunge any record of a petition for divorce having been served and commenced. However, the "discretion" afforded the AO in any Naturalization adjudication with respect to any separation of the parties prior to a decision being made on an application is there for this very reason. USCIS understands that marriages between USCs and aliens are not all that different from marriages between USCs and USCs. Sometimes parties separate, but later reconcile. The AO will use his or her discretion in determining if your separation was an indication that your marriage is now in a terminal state. Frankly, the fact that you were headed for a divorce, momentarily and that you have now reconciled and repaired your marriage could be interpretted as a testament to the validity of your union.

Hi,

After filing for N400 last jan my wife (usc) filed for divorce on Jan 2008;

Now we reconciled and we agreed to sign a STIPULATION of discontinuance: this will (the law office say) withdraw the divorce originally filed:

Is this true?: a petition of discontinuation will withdraw

For good the divorce paper?

In this case should I explain the all story to the immigration officer that will interview me?

I know this may be a divorce question matter but I've nowhere else to ask;

Some people here already know my case;

Pls advice

Thank you a lot

hi diadromus,

i have to add that me and my wife have been through the "stokes" interview back in 2005 for my AOS , will this add additional suspect in the AO mind?

after she filed for divorce i also took a trip outside the country alone,

with this background do you still suggest me to go for the interview?

what is the maximum that i risk by going to the interview?

thank you

Edited March 15, 2009 by diadromous mermaid

[gigant 0]

Again you are asking for specific answers with providing specifics. If you exceeded the limit on your days out of the country, your pending divorce won't even be an issue. You would also have to specify the number of days you were separated from your wife, how they deal with that is beyond me. Can only suggest you lay all of your cards on the table, but even if your IO approves you, still no guarantee if will be approved by a higher up as all they have to go buy is written pieces of paper. Many here have been approved at the interview, only later to learn, that oath letter is not in the mail.

Hi Nickd,

What is the limit of day outside the country??

Are you referring to specifically n400 based on a 3 years rule? Or in general al Permanent resident?

[NickD 203]

Again you are asking for specific answers with providing specifics. If you exceeded the limit on your days out of the country, your pending divorce won't even be an issue. You would also have to specify the number of days you were separated from your wife, how they deal with that is beyond me. Can only suggest you lay all of your cards on the table, but even if your IO approves you, still no guarantee if will be approved by a higher up as all they have to go buy is written pieces of paper. Many here have been approved at the interview, only later to learn, that oath letter is not in the mail.

Hi Nickd,

What is the limit of day outside the country??

Are you referring to specifically n400 based on a 3 years rule? Or in general al Permanent resident?

It's in the M-476 manual, I actually forgot the precise number of days and the limits of each out of country trip. But was part of the checklist for eligibility. Just remember reading it and verifying that we were okay.