Question for n400 application: Divorce started after I 751 approval. Am I in trouble?

[anh 0]

Hi,

I'm about to apply for N400 based on the 5 year requirement. Here's my timeline:

6/2005: got married

1/10/2006: got 2-yr GC

7/25/2007: separation

10/2007: I ,myself, filed I 751 under "entered the marriage in goodfaith, but the marriage was terminated through divorce/annulment"

12/2007: got 10-yr GC (without interview)

1/26/2008: divorce started

------

now, my GC is reaching the 5-year requirement. My question is the fact that my separation happened before I singly filed my I751 will affect my N400 application or not? will this provoke any suspicion during the N400 proccess? Do i need to prepare any document relating the marriage?

Please, i need your advice

Thanks

[rabbit75 2]

Sorry I don't have any knowledge on this.

BTW, how did you get your green card without a divorce decree? Is that possible?

[anh 0]

Sorry I don't have any knowledge on this.

BTW, how did you get your green card without a divorce decree? Is that possible?

Because by the time i applied for a 10yr greencard, our divorce was not finalized yet, so we didn't have any divorce decree until 01/26/2008

[NigeriaorBust 4,087]

You are filing based on the 5 year rule so marital status should be a non factor. They may ask about it but it shouldn't be a determining factor unless the ex filed some claim

[anh 0]

You are filing based on the 5 year rule so marital status should be a non factor. They may ask about it but it shouldn't be a determining factor unless the ex filed some claim

Thank you.

It's just that somebody told me they may get suspicious about that if the marriage which granted me a GC is real, and this may lead to the worst - they get my GC back and deport me. This sounds so scary.

In my opinion, if they didn't trust me by the time i applied for I 751, they wouldn't have granted me a 10yr GC, right? So, they did trust me then, now for N400, there's no need for them to back track and scrutinize my marriage one more time. That's just my thought. Please let me know if I'm right or not.

Thanks again

[TNmommy 0]

I think it should not be a problem, and you are right, since you already got your greencard , you can go ahead to apply the N-400, just my idea, good luck

Thank you.

It's just that somebody told me they may get suspicious about that if the marriage which granted me a GC is real, and this may lead to the worst - they get my GC back and deport me. This sounds so scary.

In my opinion, if they didn't trust me by the time i applied for I 751, they wouldn't have granted me a 10yr GC, right? So, they did trust me then, now for N400, there's no need for them to back track and scrutinize my marriage one more time. That's just my thought. Please let me know if I'm right or not.

Thanks again

[NickD 203]

All depends, if you entered the marriage in good faith, not a problem, but if the USCIS can prove fraud, then there is. I-751 has provisions for marriages that were entered into in good faith but didn't work out.

[Krikit 1,165]

Duplicate threads merged and moving from Citizenship Forum to Effects of Major Changes.

[anh 0]

All depends, if you entered the marriage in good faith, not a problem, but if the USCIS can prove fraud, then there is. I-751 has provisions for marriages that were entered into in good faith but didn't work out.

Yes, Nick. That's why I applied for I751 myself, not jointly, under this option "marriages were entered into good faith but terminated through divorce"

I think I will need to get a copy of my I751 showing that I didn't apply jointly, but too bad, I don't have it. Anybody knows how to get a copy of I751? can we ask any department/office for that? or USCIS should already have that in there system already?

Pls help me out.

Thanks

[Brother Hesekiel 2,236]

You filed for ROC singularly, with a waiver, which is the correct way to do this.

Now you waited for the 5-year mark.

You did everything by the book and don't have anything to worry about.

[NickD 203]

You filed for ROC singularly, with a waiver, which is the correct way to do this.

Now you waited for the 5-year mark.

You did everything by the book and don't have anything to worry about.

I agree with Just Bob on this, on rare occasions, we actually agree on something.

Would be more worried about an invasion from Mars.

[JimVaPhuong 4,863]

Because by the time i applied for a 10yr greencard, our divorce was not finalized yet, so we didn't have any divorce decree until 01/26/2008

Rabbit's question is valid. Your waiver request cannot be legally accepted until your divorce is final. According to the timeline you provided, you started the divorce the month after you received your 10 year green card.

I would be very worried about this. Not only was your divorce not final when you submitted your I-751 with the waiver request, you hadn't even started the divorce process yet. I don't know how you managed to get away with this. Either you lied when you submitted the I-751 (which is probably true, since you claimed the marriage had been terminated), or USCIS severely screwed up when they approved it. If USCIS determines you lied then it would definitely be a material misrepresentation, since you weren't eligible to have the I-751 approved yet. Not only could they deny your application for citizenship, they could revoke your green card and deport you.

If your timeline is not correct, or there's something you've not told us about this, please clarify this. Otherwise, you should talk with an immigration lawyer. This is serious.

[anh 0]

Rabbit's question is valid. Your waiver request cannot be legally accepted until your divorce is final. According to the timeline you provided, you started the divorce the month after you received your 10 year green card.

I would be very worried about this. Not only was your divorce not final when you submitted your I-751 with the waiver request, you hadn't even started the divorce process yet. I don't know how you managed to get away with this. Either you lied when you submitted the I-751 (which is probably true, since you claimed the marriage had been terminated), or USCIS severely screwed up when they approved it. If USCIS determines you lied then it would definitely be a material misrepresentation, since you weren't eligible to have the I-751 approved yet. Not only could they deny your application for citizenship, they could revoke your green card and deport you.

If your timeline is not correct, or there's something you've not told us about this, please clarify this. Otherwise, you should talk with an immigration lawyer. This is serious.

Hi

I did start the divorce before I filed I751 singly (it was on July25 2007), but it took 6 months for the divorce to be finalized (Jan 26 2008) --> I didn't lie anything.

Thanks

[anh 0]

You filed for ROC singularly, with a waiver, which is the correct way to do this.

Now you waited for the 5-year mark.

You did everything by the book and don't have anything to worry about.

Yes, Bob. But the question is how to prove to them that I didn't file my I 751 jointly. or they should be able to know that when processing my case? As I said, they approved my 10yr GC without interview before my divorce official finalized, and never asked me a divorce decree.

Still confused.

Thanks

[NickD 203]

Perhaps D was selected in part 2 of the application.

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

That wouldn't be quite correct as at that time the marriage was not terminated.

But checking A wouldn't be correct either as the marriage was in the process of being ended.

"My conditional residence is based on my marriage to a U.S. citizen or permanent resident,and we are filing this petition together."

Normally in a situation like this, best to write in, "See Attached Sheet" then explain your situation.

Regarding making any kind of a judgment, way over my head, see an immigration attorney. And always good to make complete copies of everything you sent in.