N400 trough marriage

[Nessinha123 0]

Hi... i receive my GC back in November 2005 through marriage and i filed my N400 in march of 2010.

The thing is we stayed together for the 3 years rule and got divorced in January 2009.

My attorney said i could still file for it because we stayed married and had a daughter together. Is there any possibility USCIS would have me wait until november in order to get the 5 year rule instead?

thanks.

vanessa

sorry i forgot to add that i received a letter asking for aditional evidence to be brought to the interview and i already received the biometrics appt. for June 3.

Edited May 17, 2010 by Nessinha123

[Nessinha123 0]

sorry i forgot to add that i received a letter asking for aditional evidence to be brought to the interview and i already received the biometrics appt. for June 3.

[Brother Hesekiel 2,236]

Your attorney is a fraud. Ask for your money back or report him to the board for malpractice. The earliest you can become a USC is November, so you can't file before August. Money down the toilet, Mate.

[aleful 1,905]

Your attorney is a fraud. Ask for your money back or report him to the board for malpractice. The earliest you can become a USC is November, so you can't file before August. Money down the toilet, Mate.

ditto,

the 3 year rule is only for the ones who are still married to the petitioner. once you divorce you have to wait 5 years.

[Nessinha123 0]

but why did USCIS accepted my application then?? and even sent me to do the biometrics? i heard they kinda check it first if you don;t qualify, they return all ur applications before accepting it. and by the way i did mention the divorce in my application...

[Brother Hesekiel 2,236]

Vanessa,

I am 100% certain that you cannot become a USC before you have been a LPR for 5 years, and I am very confident that the money you paid for the N-400 will not be refunded. They may have not realized that you are divorced and filed early, but latest they will find out about your early submission is a the interview when they go over your paperwork. The fact that you have a USC daughter has no bearing on this. What counts is the date on your GC where it says: Resident Since.

If you were still married to your petitioning husband, you could have filed after 3 years. But if you did n ot file while married, and even where to file after 4 years when you are divorced, it's too early. What counts is your status at the time of filing AND at the time of approval. For you, being divorced, it's 5 years.

[v333k 59]

Vanessa,

I am 100% certain that you cannot become a USC before you have been a LPR for 5 years, and I am very confident that the money you paid for the N-400 will not be refunded. They may have not realized that you are divorced and filed early, but latest they will find out about your early submission is a the interview when they go over your paperwork. The fact that you have a USC daughter has no bearing on this. What counts is the date on your GC where it says: Resident Since.

If you were still married to your petitioning husband, you could have filed after 3 years. But if you did n ot file while married, and even where to file after 4 years when you are divorced, it's too early. What counts is your status at the time of filing AND at the time of approval. For you, being divorced, it's 5 years.

Correct - if you look at the wording in the application, it clearly states that to apply based on the 3 year rule, you need to still be married and still living with the same USC spouse.... very simple to follow. Most probably, the IO who accepted your application overlooked your divorce.... but most probably, after waiting a few months for them to process your application, you will either get a notice stating that you are not eligible or when you go to the interview the IO will notice the ineligibility.