Am I in Trouble?

[akila 0]

Ok I am not sure if I am worried for nothing. I have contacted two immigration lawyers and I was told the same thing but I find it hard to believe based on what I read in the USCIS field manual. What i was told is that my marriage wouldnt matter since am applying based on 5 years and not 3 years though I got GC through marriage. Ok this is my story:

I married a USC in May 2000

AOS and GC in May 2001

I-751 petition in February 2003

Informally separated in March 2003

1-751 approved without interview in Sept 03.

applied for divorce in March 03

Divorce approved and final in June 04.

I just sent my application in for N400, is there a possibility that my GC will be revoked because I separated before my I-751 was approved although no divorce proceeding was started until after the approval?

If I decide to abandon my N400 application how does that count against me when and if I decide to renew my card? does it matter that I am now married to another USC? I will appreciate your help with this. Thanks

[akila 0]

Ok I am not sure if I am worried for nothing. I have contacted two immigration lawyers and I was told the same thing but I find it hard to believe based on what I read in the USCIS field manual. What i was told is that my marriage wouldnt matter since am applying based on 5 years and not 3 years though I got GC through marriage. Ok this is my story:

I married a USC in May 2000

AOS and GC in May 2001

I-751 petition in February 2003

Informally separated in March 2003 (start of the statutory separation to be able to file no fault divorce)

1-751 approved without interview in Sept 03.

applied for divorce in March 03

Divorce approved and final in June 04.

I just sent my application in for N400, is there a possibility that my GC will be revoked because I separated before my I-751 was approved although no divorce proceeding was started until after the approval?

Anyone has an experience with this? Thanks

[NickD 203]

Gee you got your ten year card quick, in about seven months, took us 14 months and two weeks.

Can't turn back the clock, but also had this option.

"I entered into the marriage in good faith but the marriage was terminated through divorce/annulment."

But gather at the time you sent in your application, didn't know your marriage would end up that way. Feel the question remains, should you have notified the USCIS at that time there is a change in your application. Is there anything in the I-751 instructions that state you should do so?

Really doubt if anyone on this board can give firm legal advice, assuming your two immigration attorneys are telling you, that you are okay. Could try a third, or see what happens. Unless someone else on this board already experienced your identical situation.

[akila 0]

That option wasnt there at the time when I filled. You either are divorced or in divorced proceeding. I will be contacting another lawyer next week to see what the take is. None of the lawyer I contacted said they ever had experience with something like that but they said I should expect questions and since make sure there is no inconsistencies. I am just worried if separation after I-751 filling is a ground for GC revocation

[Kathryn41 3,205]

Please remember that no advertisements or solicitations are allowed on Visa Journey in the membership profile, in the forums or in the signature as per the Terms of Service to which you agreed when you became a member http://www.visajourney.com/content/terms . Post containing such and quoting such have been removed and the acceptable contents of the posts returned below:

MarkKocol: I see no way DHS can unilaterally-revoke your green card because you have possessed LPR status for more than the last 5 years (ie. the general timeframe within which it can seek to "rescind" a green card). Can a DHS officer reviewing an N-400 make the divorce matter an issue nonetheless? Yes. In Chicago, in general, DHS seems to use the N-400 to review the prior LPR grant, even though they profess that that is not a focus. I believe you need to be ready to truthfully answer any/all Qs regarding the timing of events but do not be defensive and only answer what is asked of you. There clearly was no misrepresentation on the I-751 based on your outline, but you need to be ready for an officer who sees the timing of events as suspicious. Even if DHS wanted to deny the N-400 and/or call your LPR status into question, it will need to give you notice of its intent (to which you can respond) and if it did decide to charge you with some sort misrepresentation, it would have to lodge formal charges in removal proceedings and THE BURDEN OF PROOF WOULD BE ON DHS.

Relax and just make sure that if the N-400 examiner goes to this topic, you answer definitively and truthfully. Otherwise, this is a non-issue.

akila: Thank you Mark. You reply is well appreciated. I will take your advise in stride. I have talked to 2 lawyers already and they said the same thing, you put it better though. I was told what they are looking for is inconsistencies in the applications which I never had

I re-married 4 months after my divorce to another USC, will that also be a concern? I was told it wont be, I am just checking

[Kathryn41 3,205]

As topic relates to Obtaining Citizenship and not to Removal of Conditions, I have moved the thread to the US Citizenship Discussion Forum and merged with existing thread.

Edited April 3, 2010 by Kathryn41

[v333k 59]

Ok I am not sure if I am worried for nothing. I have contacted two immigration lawyers and I was told the same thing but I find it hard to believe based on what I read in the USCIS field manual. What i was told is that my marriage wouldnt matter since am applying based on 5 years and not 3 years though I got GC through marriage. Ok this is my story:

I married a USC in May 2000

AOS and GC in May 2001

I-751 petition in February 2003

Informally separated in March 2003

1-751 approved without interview in Sept 03.

applied for divorce in March 03

Divorce approved and final in June 04.

I just sent my application in for N400, is there a possibility that my GC will be revoked because I separated before my I-751 was approved although no divorce proceeding was started until after the approval?

If I decide to abandon my N400 application how does that count against me when and if I decide to renew my card? does it matter that I am now married to another USC? I will appreciate your help with this. Thanks

Based on a 5 year LPR rule, the marriage will not matter and they will not take away your GC.

[NickD 203]

From the I-751 instructions:

"3. Evidence of the Relationship.Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ''good faith'' and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should cover, but not limited to,the period from the date of your marriage to the filing of thispetition."

Just seems like the USCIS is only interested up to the date you filed the application. Probably the key factor is if fraud can be proved, this has to be done in a court of law. May make a difference as to whom petitioned for the divorce, would be in your favor if your ex did or mutual.

[Kathryn41 3,205]

If you are filing based on a 3 year option as the spouse of a US citizen, then yes, you need to prove that the marriage was entered into in good faith. Since you are now divorced, however, the 3 year option no longer exists for you as you have to still be married to the same US spouse through which you obtained your green card to apply for citizenship after 3 years.

Since you are applying under the 5 year option, you are not applying based upon the marriage option thus do not have to meet the requirements for the 3 year option, only the 5 year option. The booklet "A Guide to Naturalization" available at the USCIS website http://www. uscis.gov is an excellent resource. You will find it listed in the right hand column when you click on the Applying for Citizenship option. Here is a direct link to the publication: http://www.uscis.gov...ticle/M-476.pdf

As mentioned above, if there is a question about the timing, address it at the interview but your lawyers appear to have given you good advice.

Edited April 3, 2010 by Kathryn41

[jessarien 0]

Ok I am not sure if I am worried for nothing. I have contacted two immigration lawyers and I was told the same thing but I find it hard to believe based on what I read in the USCIS field manual. What i was told is that my marriage wouldnt matter since am applying based on 5 years and not 3 years though I got GC through marriage. Ok this is my story:

I married a USC in May 2000

AOS and GC in May 2001

I-751 petition in February 2003

Informally separated in March 2003

1-751 approved without interview in Sept 03.

applied for divorce in March 03

Divorce approved and final in June 04.

I just sent my application in for N400, is there a possibility that my GC will be revoked because I separated before my I-751 was approved although no divorce proceeding was started until after the approval?

If I decide to abandon my N400 application how does that count against me when and if I decide to renew my card? does it matter that I am now married to another USC? I will appreciate your help with this. Thanks

I was in a similar situation. and I too spent sleepless nites worrying over the matter , which in the end turned out to be niothing to worry abt.

[NickD 203]

I was in a similar situation. and I too spent sleepless nites worrying over the matter , which in the end turned out to be niothing to worry abt.

Certainly points out a difference between the N-400 applying under marriage and the I-751, never occurred to me until now that for the I-751, they want to know about your marriage to the date of your application. With the N-400, check your marriage status to just seconds before you receive your USC certificate.

A marriage can go either way, wife and I were positively sure we wanted to get married after a year, USCIS added another year wait to our decision. We could have split up during that time. Then we spent sleepless nights wondering if the USCIS was going to split us up during the I-751 process. Even says in their instructions, failure to file on time and lead to deportation unless you have a damn good reason. Wonder what that reason is.

So on one hand, can spend sleepless nights worrying if in the event, your marriage did fail, can get deported, or if you want to stay married, spend sleepless nights worried about if they will deport your loved one.

If fraud is proved or even if its not proved, sponsoring USC if taken by an immigrant can get fined $250,000.00 and spend five years in prison where the immigrant is simply deported. So exactly who is the USCIS protecting? Sure don't view them as a helpful friend. Just like a cop on the road that is there to protect us, basterd is breaking his back trying to hang you for something.

[Brother Hesekiel 2,236]

Let it go.

[akila 0]

I was in a similar situation. and I too spent sleepless nites worrying over the matter , which in the end turned out to be niothing to worry abt.

Hey Jessarien,

Did you separate during your I-751 processing? how did that affect your Naturalization interview? I am hoping to go with my divorce petition showing the separation date and if the IO doesnt ask for it, I am not giving it.

Please let me know what your experience was like. I am just worried stiff. I am even thinking of abandoning my N-400 application but I just dont know how that will affect my GC renewal due in 2 years or so

[akila 0]

Let it go.

Let it go? as in go for the interview or abandon my application?

[Brother Hesekiel 2,236]

As in let bygones be bygones and don't allow your mind to #### with you.

Forget the old stuff that happened 6 years ago and become a USC now, at which time you list what happens up to 5 years ago. Don't wake up a lion that's sleeping peacefully and blissfully for no reason.