citizenship before the 5 years period

[deus360 9]

what happens if you get your Citizenship denied? can u simply keep applying without problems until its approve, or can the USCIS block your Citizenship. What are the ramification of a possible denial of your Citizenship?

Edited September 21, 2011 by deus360

[milimelo 4,481]

Depends on why they reject you. If it's insufficient time in the country, you can reapply later. If something more serious, you would want to talk to a lawyer.

[Brother Hesekiel 2,236]

Way too hypothetical. Tell us what's on your mind or we can't really answer that question properly.

[deus360 9]

Way too hypothetical. Tell us what's on your mind or we can't really answer that question properly.

I thought that getting your citizenship was something more less routinely, until a read a post about someone that didn't make a big deal about it and went to the interview without taxes and bank accounts etc (personally was planning on doing the same thing , and got denied. Now this person is saying that she is having lots of problems getting her citizenship and some sort of legal problems etc. But she didn’t specify why etc. just want to know the ramifications because the USCIS is problematic. Having said that, I will probably get divorce this year (not totally sure but probably yes) but have been married more than 4, and have been a little more than 3 since I was giving my first green card. So I can apply for the 3 years citizenship. So I was planning on having my citizenship before the 5 years mark, but know I don’t know if to wait until the 5 years mark or simple apply now before a the possible divorce. I have bank states tax etc joint brokers account etc, but if the USCIS wants my wife to come to the interview I am not sure she will want to. Currently we are not living together etc. But someone on the other forum told me she doesn’t need to come to this interview etc. I was just seeing if I would have any problems getting my citizenship before the 5 years period under my current circumstance.

[NickD 203]

Richard Alan Clarke reported after 9/11 that the government hired a huge bunch of agents, so many in fact, they spend more time tripping over each others feet. Also said 9/11 could have been prevented, but that is a different topic.

The instant you enter this country, you are flagged and checked, legally that is, have no way of checking illegals. Have to answer a whole bunch of questions starting on the I-485 and ending with the N-400, any misrepresentation on these question, no matter how minor can lead to deportation. Not so much the degree of the infraction, but the fact that you lied or tried to cover it up. Your life as well as the life of the sponsoring US citizen becomes an open book.

Ironically the immigrant for the most part merely faces deportation, its the sponsoring US citizen that can really suffer in events like this, but little or no protection is offered for them. So as a sponsoring US citizen, better do your own checking.

If you and your immigrant spouse are 100% honest in all aspects, shouldn't have a problem. But even then you have problems.

[milimelo 4,481]

I thought that getting your citizenship was something more less routinely, until a read a post about someone that didn't make a big deal about it and went to the interview without taxes and bank accounts etc (personally was planning on doing the same thing , and got denied. Now this person is saying that she is having lots of problems getting her citizenship and some sort of legal problems etc. But she didn't specify why etc. just want to know the ramifications because the USCIS is problematic. Having said that, I will probably get divorce this year (not totally sure but probably yes) but have been married more than 4, and have been a little more than 3 since I was giving my first green card. So I can apply for the 3 years citizenship. So I was planning on having my citizenship before the 5 years mark, but know I don't know if to wait until the 5 years mark or simple apply now before a the possible divorce. I have bank states tax etc joint brokers account etc, but if the USCIS wants my wife to come to the interview I am not sure she will want to. Currently we are not living together etc. But someone on the other forum told me she doesn't need to come to this interview etc. I was just seeing if I would have any problems getting my citizenship before the 5 years period under my current circumstance.

Just a note: there were accounts from people that IOs wanted to meet their spouse after the successful interview. What do you think would happen if they asked you to introduce your spouse who didn't come for the interview and what would you say why she didn't show up? Remember, lying gets you in trouble.

In your circumstances, wise thing to do would be to wait for the 5yr residency period. That way you don't have to explain anything beyond it didn't work out and provide a copy of the divorce decree/final judgment.

[v333k 59]

If your application is based on 5 years, then you should not be concerned with the USC spouse. Just make sure your papers are in order so when they ask for them, you have something to give.

[Udella&Wiz 325]

The 3 yr rule is based on marriage - how can you file based on marriage when you're separated and divorcing?

[deus360 9]

The 3 yr rule is based on marriage - how can you file based on marriage when you're separated and divorcing?

I been happily married more than 4 years just didn't apply for the citizenship right away. Even now I am not totally sure if I’ll divorce. I don’t act based on if or maybes here. The way I see it, is that, if I am not divorce jet it’s legal. I am pretty sure the law is on my side here, because what if I don’t divorce?

[Harpa Timsah 13,258]

I been happily married more than 4 years just didn't apply for the citizenship right away. Even now I am not totally sure if I’ll divorce. I don’t act based on if or maybes here. The way I see it, is that, if I am not divorce jet it’s legal. I am pretty sure the law is on my side here, because what if I don’t divorce?

You are not eligible for citizenship just for being married for four years. You need a combination of things to be eligible for the 3 year rule. You must have been a LPR for 3 years, AND be married to the same USC spouse for 3 years. If you were married for 10 years, then got your GC, you would still have to wait for 3 years to satisfy the 3 years as LPR rule. You are not eligible for the 3 year rule if you are divorcing your wife. It doesn't matter that you were married for 4 years already. They will do background checks on you and see that you are living apart and therefore are not married.

[deus360 9]

You are not eligible for citizenship just for being married for four years. You need a combination of things to be eligible for the 3 year rule. You must have been a LPR for 3 years, AND be married to the same USC spouse for 3 years. If you were married for 10 years, then got your GC, you would still have to wait for 3 years to satisfy the 3 years as LPR rule. You are not eligible for the 3 year rule if you are divorcing your wife. It doesn't matter that you were married for 4 years already. They will do background checks on you and see that you are living apart and therefore are not married.

I qualify on all the other categories, I think, but would have to check to be sure. Also, it is true that I am not living with my wife right now, but this is not the first time that this has happen to us and we got back together. If the point you were making here was valid, I think this would also mean that each time I had problems with my wife and got separated. This would mean legally that my marriage ended and restarted the amounts of times we fought and left the house right? I don’t think that’s reasonable form a legal point of view. If what you state is true, the latter also is true, but since that is not reasonable I don’t really think your point is valid at least form a legal stand point. I don’t see any legal problems here, I think I am within the law, but I understand your perspective an know how the USCIS works and how problematic it can be when it sees something it doesn’t like even though this could legal. I seen on other forum here that some girl forget a date or something on here interview and now she was having legal problems. I don’t think it’s illegal to have a bad memory but the USCIS can be problematic. Just wanted to gather some input here before I diced how to continue with my case.

Edited September 21, 2011 by deus360

[Brother Hesekiel 2,236]

If your relationship with your wife is rocky right now, you are not eligible. The I.O. has a lot of discretion and if you file based on marriage and the I.O. feels you are not completely forthcoming, he cannot only deny your petition for naturalization, but call this material misrepresentation and keep your Green Card.

The whole thing is super simple: if you are not 100% living in a loving and dedicating relationship under one roof with your wife, you can't file based on marriage. Instead, you wait until you have been a LPR for 5 years at which point your martial relationship becomes irrelevant.

[cherr1985 0]

One of the questions they ask is how your marriage is going right now. Yes, you have been separate and come back together in the past; unless you can proof you guys tend to do that all the time like a letter from your wife stating that you are having a hard time right now but you really are together. Although you already said you are actually separated. And yes, your wife doesn't have to come to the interview but you suppose to show that you are living together, and if the question is ask you suppose to tell the truth. Not sure how that will go. The law is something but the interpretation and final decision is discretionary to the IO. Plus remember, once you file the entire process depending on your state can take from 5 or more months. If during those months you get divorce, you will not be eligible under the 3 year rule by the time of the interview.

[deus360 9]

thanks for the input guys. I am inclining on waiting until the 5 five years mark, but this makes me mad though, because the reality is that we are still married by any masseurs of civil law, and the fact is, that I am only waiting 5 years because the USCIS is problematic and acts not base on law, but on statistical suspicion. This is the reason why the USCIS almost always looser in court because they don't argue facts but statistics.

Edited September 25, 2011 by deus360

[OKflyboy 35]

thanks for the input guys. I am inclining on waiting until the 5 five years mark, but this makes me mad though, because the reality is that we are still married by any masseurs of civil law, and the fact is, that I am only waiting 5 years because the USCIS is problematic and acts not base on law, but on statistical suspicion. This is the reason why the USCIS almost always looser in court because they don't argue facts but statistics.

Someone already said that before me, but I'll say it again. it's not enough to be married to a USC, you have to live together and be able to prove it. Although technically your spouse is not required to be present at the time of the interview, it's strongly recommended. The IO can ask to be introduced to your spouse or to even call them on the phone. If they notice any uneasiness on your part (and they will, they're specially trained to recognize fraud and mild psychological signs of lying - that's firsthand info from an IO) - you're screwed. Even if you don't get denied right away, you'll be asked for additional documents.

Wait your 5 years. If you and your wife do get back together, it will be twice as cool, you'll get both your citizenship and your marriage.

Edited September 25, 2011 by OKflyboy