Divorce after filing N-400

[Simo2012 0]

Hello,

I just got my unconditional Green Card 3 weeks ago. I am happy that I closed this case but I already opened a new one 2 weeks ago when I filed for the N-400 Application. This is the good news but I am still waiting for my Finger Printing (Biometrics) appointment. The bad news is that my wife, who is a US citizen, wants to divorce me now and she filed the papers today. She even filed an Order Of Protection against me!!!

This problem started yesterday when she started a fight, pinching , kicking, and biting me. I had to leave the house for my safety. My wife has a history of fighting, lying, yelling and hurting people and this is largely related to the fact that she is mentally disabled. I have some of her records from the hospital indicating that she is mentally disabled and listing her mental health diagnosis. I have plenty of documentation showing that our marriage is genuine.

The last time I spoke with her I learned that she is not going to call the USICS on me but I don’t trust her. She has told me in the past that she will call and have me deported and her excuse is that I was not living with her!

I am willing to sign any papers if this is what she wants and move on with my life. I can honestly say that I have given my full commitment to making this marriage work and even being subjected to horrible conditions and physical harm.

I have 4 questions:

- What is going to happen to my N-400 Application?

- Can she really hurt my Immigration statue?

- Do I have to hire an Immigration lawyer?

- Do I hire a divorce lawyer?

Any help or advice you could offer would be greatly appreciated.

[Tygrys 143]

Hello,

I just got my unconditional Green Card 3 weeks ago. I am happy that I closed this case but I already opened a new one 2 weeks ago when I filed for the N-400 Application. This is the good news but I am still waiting for my Finger Printing (Biometrics) appointment. The bad news is that my wife, who is a US citizen, wants to divorce me now and she filed the papers today. She even filed an Order Of Protection against me!!!

This problem started yesterday when she started a fight, pinching , kicking, and biting me. I had to leave the house for my safety. My wife has a history of fighting, lying, yelling and hurting people and this is largely related to the fact that she is mentally disabled. I have some of her records from the hospital indicating that she is mentally disabled and listing her mental health diagnosis. I have plenty of documentation showing that our marriage is genuine.

The last time I spoke with her I learned that she is not going to call the USICS on me but I don't trust her. She has told me in the past that she will call and have me deported and her excuse is that I was not living with her!

I am willing to sign any papers if this is what she wants and move on with my life. I can honestly say that I have given my full commitment to making this marriage work and even being subjected to horrible conditions and physical harm.

I have 4 questions:

- What is going to happen to my N-400 Application? Most likely will be denied at the interview. You will be able to reapply in 2 years based on 5-year residency

- Can she really hurt my Immigration statue? No, unless she can prove that the marriage was your scam only to obtain immigration benefits

- Do I have to hire an Immigration lawyer? What for?

- Do I hire a divorce lawyer? Depends on your personal situation and assets. I any case, most divorce lawyers will provide an initial consultation for free. You need to wait until you're served with divorce papers though

Any help or advice you could offer would be greatly appreciated.

[NotBonJovi 6]

Simo2012 - Given the unstable nature of your marriage, you are better off applying for Citizenship after you complete 5 years as a permanent resident.

Whether you want to live with your wife or divorce her is a decision that you need to make. Think hard and do what you need to do. Good Luck!

Edited April 6, 2012 by NotBonJovi

[ManuFred 10]

Hello,

I just got my unconditional Green Card 3 weeks ago. I am happy that I closed this case but I already opened a new one 2 weeks ago when I filed for the N-400 Application. This is the good news but I am still waiting for my Finger Printing (Biometrics) appointment. The bad news is that my wife, who is a US citizen, wants to divorce me now and she filed the papers today. She even filed an Order Of Protection against me!!!

This problem started yesterday when she started a fight, pinching , kicking, and biting me. I had to leave the house for my safety. My wife has a history of fighting, lying, yelling and hurting people and this is largely related to the fact that she is mentally disabled. I have some of her records from the hospital indicating that she is mentally disabled and listing her mental health diagnosis. I have plenty of documentation showing that our marriage is genuine.

The last time I spoke with her I learned that she is not going to call the USICS on me but I don’t trust her. She has told me in the past that she will call and have me deported and her excuse is that I was not living with her!

I am willing to sign any papers if this is what she wants and move on with my life. I can honestly say that I have given my full commitment to making this marriage work and even being subjected to horrible conditions and physical harm.

I have 4 questions:

- What is going to happen to my N-400 Application?

- Can she really hurt my Immigration statue?

- Do I have to hire an Immigration lawyer?

- Do I hire a divorce lawyer?

Any help or advice you could offer would be greatly appreciated.

In case you go through divorce it is probably best to discuss the option of withdrawing the case with the interviewing IO. That way you lose 600 bucks but you will be able to re-apply in few years based on 5-year rule and you won't have to fill out you have been previously denied.

Will they re-evaluate I-751? In rare cases USCIS decides to reinvestigate. I read somewhere that they have 5 years to recall a decision. Your case might be somewhat suspicious to them since you just went through I-751 and ended up this mess weeks later after approval. Nobody knows if this is what they end up doing but the chances are definitely higher if they find you lying on the interview.