Help, waiting for oath letter, wife now wants to divorce

[roni 0]

I am in need of some help. i did my N400 interview last month and passed on 3 year basis marriage. we been married for 7 years now.I dont know but my wife now wants to have a divorce. evereyday is getting worse. The IO told me I should receive my oath letter in two to four months. I dont know what to do. Is my application gonna get denied if I am divorced by oath date. help please. Thanks.

[drsrk 0]

Divorces are not that fast, you will get oath letter before that

[Deputy Purple 1,294]

How long have you been a LPR?

[roni 0]

How long have you been a LPR?

I gonna be 4 year as a PR next month.

[NickD 203]

I gonna be 4 year as a PR next month.

Seconds before you take your oath, you have to answer this question since your interview.

1. Have you married, been widowed, separated, or divorce? (If yes, please bring documented proof of marriage, death, separation, or divorce.)

Have no idea what happens if you have to answer yes, but if still living together, always a chance of reconciliation, so can answer no. Plus you will not have any documented proof.

[roni 0]

Thank you. I have a question though if I am separated at the time of oath, will it matter? I wanna be honest with USCIS.

[jcrom 2]

Hello my friend. I'm going to give a nice explanation about this important issue. I have good news for you; in any State of the U.S. (I don't know what state are you located in)you have a big and great advantage that, at least, the procedure of divorce is going to take (theorically speaking) 3 months or more. Hence, your oath ceremony is in a few days, you are super good with the time. Remember something, anyway, if your wife wants to divorce from you, it doesn't matter with your U.S. citizenship, besides I explained you above, OFFICIALLY, YOU ARE NOT DIVORCED UNTIL THE JUDGE GIVES THE DECREE OF DIVORCE, THAT IS THE IMPORTANT THING, SO YOU ARE NOT DIVORCED UNTIL THE JUDGE GIVES THE DECREE OF DIVORCE (so it doesn' matter if you are separated even, the important issue is DIVORCED), the decree in case you submitt the paperwork is going to comes up in at least 3 months or more; so my friend you don't have any problem. Other thing that many people doesn't know is that USCIS doesn't know who is married or separated through records for some states, how come? There are some states that doesn't handle any marriage records, they are handled on records or systems only at county or local levels, but neither the state nor the federal level, they cannot know who is married with whom. This situation occurs in the states that do not handled electronical records at state and federal level, only at county or local level. Hence, so how USCIS knows that you are married or not in these states that do not handled records on systems? The response is that USCIS knows that you are married or not is through the physical certificate of marriage from the couple, that is generally handled through local or county level; so, they cannot know in systems or records at state or federal checking or tracking. Of course, that is the reason they ask the certificate of marriage to all the couples, remember that this certification is a physical certification with all the seals from the county that you live. I have to tell you that this situation is only for the states who don't handle records at state or federal level, just at local level; however, I know that there are some states that hey handle the marriage records at state level, so USCIS can know through record checking who is married with whom. Thanks and bye,

[NickD 203]

Thank you. I have a question though if I am separated at the time of oath, will it matter? I wanna be honest with USCIS.

Honesty is the best policy, especially with the USCIS, oh and the IRS as well. If your wife does leave you, I would attend the oath ceremony, check yes and explain that your wife decided to leave you and is applying for a divorce and see what they say. Ironically, the woman ahead of my wife didn't even know how to make an "S" to write the date of September 3, 1998 and the IO helped her. Wife was wondering how she ever passed the English test.

Wouldn't read the posts of others that are suggesting it may be difficult to be caught, if not, it will haunt you for the rest of your life and be concerned about deportation. My wife left me after I had a serious accident, only think I was concerned about at that time was getting well, taking care of my kids, and pulling my life back together again. Sure you have the same concerns with courts, attorneys, and settlements, and USC will be the least of your concerns. Time goes by quickly and you can apply for the five year instead if they should reject your oath. If your wife leaves you, you will not have any documentation to that effect, explain that and see what they say. Could say, its not your fault and proceed anyway.

Most important thing, is that you will have a clear conscious and that seems important to you. But its your choice.

[antda 13]

I am in need of some help. i did my N400 interview last month and passed on 3 year basis marriage. we been married for 7 years now.I dont know but my wife now wants to have a divorce. evereyday is getting worse. The IO told me I should receive my oath letter in two to four months. I dont know what to do. Is my application gonna get denied if I am divorced by oath date. help please. Thanks.

Thank you. I have a question though if I am separated at the time of oath, will it matter? I wanna be honest with USCIS.

Roni-Yes, you need to be honest with the USCIS. And failure to do such, could result in more serious consequences. You should definitely disclose of such before your oath and be honest there (in fact, I think they ask about that in the oath letter, before you take the oath).

Have you tried to work things out between you and your wife too, before you decide to divorce? And why is it that she wants to 'co-incidently' wants to divorce with you right before you have your oath..Something doesn't seem right here...Just a thought....Is there some other underlying issue here about her not wanting you to have US citizenship?...hmmm...Seems odd..

As for the 3yr rule...Technically, you have to be still married and living with your wife to apply under such, and yes, that includes up to the oath date too...So if you are not separated and still married, then apply under this rule. But...

If I were you I would withdrawl your application based on the marriage rule if you are going to get divorced soon, and apply under the 5yr general rule instead. It may cost you more time and money...But at least this is the honest way of doing things and won't come back to haunt you later on down the road....(lol..the USCIS will know.....)

And yes, you can still stay as an LPR in the meantime, with no problems...

Hope this helps. Good luck with the rest of your journey and with your marriage too.

Ant