Gotten 10 year green card after divorce N400 turn out to be complicated

[NickD 203]

I found someone in my country and after 1 year divorced I married again in my country.

Feel that was really a major error on you part, especially a person from your home country. That is one issue the USCIS really looks at. Just have to wait and see what happens. And you let your ex divorce you? Another major error on your part. And especially since no alimony was awarded.

You can give a zillion reasons or excuses for your side of the story, but it is what is printed on those legal documents is all that counts. Sure looks like legally, a fake marriage on paper.

All I can say is good luck.

[bigdog 376]

Interesting, we will see the outcome shortly.

[VanessaTony 3,567]

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

Again, please show me where it states that an LPR who is approved at interview, and then while waiting for delivery of the card is supposed to update USCIS that divorce has been initiated. Nothing in the link you posted states the OP is supposed to update USCIS with her "started divorce" status. One problem may be she just signed the paperwork and we don't know what he wrote on the divorce paperwork.

Based on your above link this is a quote from it:

USCIS may not deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings

The OP was neither separated, nor had divorce proceedings started prior to the interview. In fact being separated isn't grounds for a waiver and you need to either jointly file or file for divorce to get the GC approved. It was only 3 weeks after the interview that all this went down. She hasn't given exact dates but the GC should be dated the day of the interview.

The two issues are the divorce being filed so soon after getting the 10 year greencard approved and the fact she married someone from her home country. If he left her with no money and no alimony how did she return home to meet her new husband? If the divorce papers mention a pre-nup they could even wonder whether the US is in on the scam and only agreed to marry the OP if she signed a pre-nup. It just looks really really bad.

Edited July 8, 2012 by Vanessa&Tony

[Newbie608 103]

This is my second post in the forum and hopefully will get much response than my first post. Thank you

I was married for 2 years and 9 months. My husband and I have wonderful marriage together. We file I-751 jointly and got approved and IO said I will get the card within 30 days. 3 weeks later my husband and I were in big arguments and he ended up hurting me. He was sentenced in the court for domestic violence. He filed divorce on October and I got my green card on the mail on November. My husband also filed separation agreement dated on the same date he was arrested without any of my knowledge I signed them together with the divorce. I have no attorney to represent me because I got out in my ex-husband house with just my clothes and less than $1000 money in my bank account because I did not work since I got here. The divorce and separation agreement went smoothly. I didn’t seem to care anymore if he wants divorce because I’m happy to have my 10 year green card. We have nothing to fight in court because before we got married he let me signed prenuptial that I won’t get anything if I will divorced him. During our divorce I didn’t ask anything from him even alimony because I can’t afford attorney to fight with him anyway. So I moved on got a job and I been starting to stand on my own feet. With also the help of friends and my sister .I found someone in my country and after 1 year divorced I married again in my country. I changed my entire last name to my current husband name, except for my green card. Last month I applied citizenship went to my interview and the IO was calmed and seemed nice person. I passed the test and everything and IO started to ask why I have different name so I told him I was married again. And asking me many things about my current husband where do we meet and why we married a year soon after my divorce. And he asked me why I divorced my husband .And I told him about the domestic violence. He asked me why I didn’t tell immigration officer about the matter during our interview. I told him that it was happened 3 weeks after our interview together. He was counting from the date of our interview and when domestic violence happened. I also told him I did not file the divorce my husband did. So he handed me N652 stating I passed the test but decision cannot be made on this time. He said he needed to review my file because it’s complicated. He mentioned I will hear from them in between 30 to 60 days. And also he asked me to get IRS transcript for the last 5 years with stamp from IRS. I passed the IRS transcript 2 days after my interview and didn’t hear from them yet.

My marriage was in good faith. In fact his son and girlfriend and children lived with us for a year 8 months. His son and girlfriend in fact signed for a witness we passed during I-751 that they knew our marriage was in good faith. We have joint file of income tax together, car ownership and health insurance. My husband had issue with his 2 children and when his son left us to live in the city he was very upset too. Anyway he was sick when I got here and I took care of him the whole time since I got here. He was upset too he found out he had cancer. Anyway he was really moody and yells for no reason. He is on morphine and high dosage of narcotics.

My questions are;

1. Am I in trouble for not letting immigration know immediately when my husband files the divorce and my green card is till on process. I got my green card on November and he filed divorced on October and divorce was final on the next year of April.

2. Will they revoke my green card? What are the chances of IO to push my marriage into a fraud? I was granted with CG and it was removed granted with 1o years GC. We are both interview on getting all my green card.

3. Will my current marriage affect my N400?

4. I didn’t not file income tax on 2009 because I didn’t make enough money on that year, I started working Dec 2009 so I did not file. Will this could be the reason for denial?

5. If they deny my N400 is that ok not to appeal and just be happy of my 10 year gc.It seems like citizenship is very complicated that I thought.

6. Can I leave the country for 2 to 3 weeks while N400 on process?

Is there anyone, have same issue with me? Please share. I am really worried and stressed. I’m scared one day ICE will pick me up from work or show in my door step just because of this. I don’t have any criminal issue. Thanks you very much.

If you filed for citizenship based on being married to the USC for 3 yrs then you would have a big problem because of the divorce.....if its 5 yrs after being a permanent resident then you should be ok...

[del-2-5-2014 1,339]

And here we go again...another AWOL OP and just when the conversation is starting to get interesting...sigh.

[plsadviceme 2]

Your problem is how this looks to the IO. i'm going to tell you how it LOOKS (obviously you feel it's different)

1. You got your GC based on marriage to your USC

2. Your attended your 10 year GC interview claiming all happy happy

3. Conveniently after the interview for the 10 year card you claim abuse of USC spouse

4. Your ex-husband files for divorce the SAME month you interview for your GC (this makes it look like you lied at the interview, only stayed together for the interview/GC)

5. One year after your divorce is final, you conveniently find another man to marry in your home country (how did you meet?). You then file for citizenship, and I assume will shortly file for your new husband.

Unfortunately you've made it look like your marriage to your USC husband was fake. That once your got your 10 year card you left him to marry your REAL husband/bf back in your home country and now you will petition your "real husband". Unfortunately the evidence you presented for a valid relationship could be explained as evidence from your USC husband loving ou and you just going along with it for the GC. This wouldn't normally be questioned but your new husband, from your home country no less, is the one that makes your USC marriage look fake. I don't know your chances for approval honestly.

Hi Little Miss thanks for your time replying my post. regarding your thought on #2 yes I was happily married to him for that time frame,it switches to complicated after his son and girlfriend left us is just the two of us leaving in the house. he was very moody after that. I tried my hardest to undertsnad him but his gotten so worse. So the time i wasn't happy in our marriage on that month after our interview when that week his son left us he look for something to complain about. And he was physically hurting me that night and threat me with a knife,I ran outside shaky and called his family that his dad was hurting me and they called 911 for their dad. My husband was mad at me for leaving him.after he got restraining order and out of jail he keep calling my friends to ask them to have me come back to him but i was really scared to be ever with him after that night. We donot communicate after I left home I was upset and mad at him for treating me like that after all the love I gave him. So two months later he filed for separation agreement and divorce I signed anyway beacause thats what he wanted. When my divorce was over I didnt get into a relationship 5 months later. I didn't know that moving on with your life and be happy again is an issue with the immigration. Thank you so much for the input.

[plsadviceme 2]

Just out of curiosity, did you meet your new Husband after you divorce the USC or you have always known him?

USCIS will be trying to figure this out, IMHO.

I knew my new husband we lived in small town but I never had a romantic relationship before we are just friend. we have no prior intimate relationship but frienship not even too close friend. After 5 months of my divorce when I talked to my family and friends online because i was hometick and lonely this is where my relationship started with him. I didn't know this will make an issue in my immigration status. Thanks you for time replying

[plsadviceme 2]

If you filed for citizenship based on being married to the USC for 3 yrs then you would have a big problem because of the divorce.....if its 5 yrs after being a permanent resident then you should be ok...

I filed based on 5 years residency .Thanks your for the time reading and replying

[plsadviceme 2]

Again, please show me where it states that an LPR who is approved at interview, and then while waiting for delivery of the card is supposed to update USCIS that divorce has been initiated. Nothing in the link you posted states the OP is supposed to update USCIS with her "started divorce" status. One problem may be she just signed the paperwork and we don't know what he wrote on the divorce paperwork.

Based on your above link this is a quote from it:

The OP was neither separated, nor had divorce proceedings started prior to the interview. In fact being separated isn't grounds for a waiver and you need to either jointly file or file for divorce to get the GC approved. It was only 3 weeks after the interview that all this went down. She hasn't given exact dates but the GC should be dated the day of the interview.

The two issues are the divorce being filed so soon after getting the 10 year greencard approved and the fact she married someone from her home country. If he left her with no money and no alimony how did she return home to meet her new husband? If the divorce papers mention a pre-nup they could even wonder whether the US is in on the scam and only agreed to marry the OP if she signed a pre-nup. It just looks really really bad.

I was still married during our interview.Our relationship weth down the toilet that night for him hurting me pyshically. He was on 6 months probation when he was sentenced in court. he filed divorced 2 months after our ROC interview. I didnt informed USCIS when this thing happen because I didnt know that you are obligated to. I didn't really read much after immigration laws until I got my N652 last month. I returned home because I got a job on december 2009 and earned money and went home 2011. I stood up in my own faith after working hard. I lived with my friends house after my divorce and helping me to stand up on my own feet.I signed for prenup because I didnt know my husband suspect me to marry him just for his money.I came here with my love and not for the purpose of his wealth thats why I signed it. I have no Idea all this process about prenup and divorce easily will bite me in the ####. My marriage is not a fraud my ex loved me and I loved him during our marriage we have wonderful marriage together.Just like Other marriage we have ups and downs sometimes but we work it out. Thanks you so much for your input. I will let you know guys what happen to my application. Thank you for wishing me luck.

[plsadviceme 2]

Feel that was really a major error on you part, especially a person from your home country. That is one issue the USCIS really looks at. Just have to wait and see what happens. And you let your ex divorce you? Another major error on your part. And especially since no alimony was awarded.

You can give a zillion reasons or excuses for your side of the story, but it is what is printed on those legal documents is all that counts. Sure looks like legally, a fake marriage on paper.

All I can say is good luck.

He divorce me because he was mad leaving him. after he got out in jail he phoned all my friends for me to come back to him. I didn't make any conversatons with hims after that but his children. His children were supporetive on me that I don't deserved to be treated like that. I didnt asked for alimony anymore because I have no attorney to represent me. I have less than a grand of money when i got out the house. We calculate of the alimony i wil get plus attorney fee is not worth to fight for thats the reason. He have attorney I dont. He divorce me because Im sure he was so mad.specially his children were on my side. Thank you for wishing me luck.

[plsadviceme 2]

Feel that was really a major error on you part, especially a person from your home country. That is one issue the USCIS really looks at. Just have to wait and see what happens. And you let your ex divorce you? Another major error on your part. And especially since no alimony was awarded.

You can give a zillion reasons or excuses for your side of the story, but it is what is printed on those legal documents is all that counts. Sure looks like legally, a fake marriage on paper.

All I can say is good luck.

I felt really shaky about what you said, How can immigration officer prove it was fake when we have all the documents passed for CG to ROC. what about those paperwork we sent that they reviewed during our interviews? Anyway I cant undo whats done. I know on my first marriage was real and all for love but people might judged immedietly and dont know the real story how marriage fell apart. I was married again to follow what my heart desire to be happy.I was clueless I can get into serious problem. Thanks you for your input And God Bless us all to those who have immigration issues.

[RICARDO4EVA2 194]

I felt really shaky about what you said,

How can immigration officer prove it was fake when we have all the documents passed for CG to ROC. what about those paperwork we sent that they reviewed during our interviews? Anyway I cant undo whats done.

I know on my first marriage was real and all for love but people might judged immedietly and dont know the real story how marriage fell apart. I was married again to follow what my heart desire to be happy.I was clueless I can get into serious problem. Thanks you for your input And God Bless us all to those who have immigration issues.

How can immigration prove.. the documents to approve the case to get the documents means nothing. They can go based on the face that right after the case was completed it was so that the marriage fell apart, divorce filed. Please understand. I see what they are saying and would agree. The marriage could have been ended - fine - but jumping to marry a foreign national did no justice.

[del-2-5-2014 1,339]

I felt really shaky about what you said, How can immigration officer prove it was fake when we have all the documents passed for CG to ROC. what about those paperwork we sent that they reviewed during our interviews? Anyway I cant undo whats done. I know on my first marriage was real and all for love but people might judged immedietly and dont know the real story how marriage fell apart. I was married again to follow what my heart desire to be happy.I was clueless I can get into serious problem. Thanks you for your input And God Bless us all to those who have immigration issues.

It is what it is and these things happen. It's not necessarily a death kneel but you will have to surmount roadblocks.

FYI, I am in a somewhat similar situation as I received my citizenship from a USC and now petitioning for someone from my country. DIfference though is that it was after 15 years of union with properties and children. And petition was filed after 3 years of divorce. I expect to have to prove my case which I am prepared for. The whole point is to step up into preparation mode since like you said what is done is done.

This is one of those rare occassions that meeting online would have been preferable to having known him before you married, IMHO.

Also remember that we are not CO just reflection on experiences and mostly what was read on VJ. If you do a search on Google adn include VisaJourney you will actually find a lot of serious data.

[plsadviceme 2]

How can immigration prove.. the documents to approve the case to get the documents means nothing. They can go based on the face that right after the case was completed it was so that the marriage fell apart, divorce filed. Please understand. I see what they are saying and would agree. The marriage could have been ended - fine - but jumping to marry a foreign national did no justice.

majority all of you said that Im in big trouble due to my second marriage. I do understand what your saying and I thank you all for all the time and effort for replying all my concerns. If USCIS push it into marriage fraud even though i know I didnt commit any fraud. Would that Appear on the notice after they review? Will they give me notice that will say example we deny your citizenship because " you committed fraud" and so on ...what ever they see in my case. I dont really know if I can save my career and life after this . Would it make a differenece if I hire an attorney If i will be called again? What would I expect next from them deportation? If they will really psuh it to fraud is there any way I can have my geencard back? Thank you all.

[plsadviceme 2]

It is what it is and these things happen. It's not necessarily a death kneel but you will have to surmount roadblocks.

FYI, I am in a somewhat similar situation as I received my citizenship from a USC and now petitioning for someone from my country. DIfference though is that it was after 15 years of union with properties and children. And petition was filed after 3 years of divorce. I expect to have to prove my case which I am prepared for. The whole point is to step up into preparation mode since like you said what is done is done.

This is one of those rare occassions that meeting online would have been preferable to having known him before you married, IMHO.

Also remember that we are not CO just reflection on experiences and mostly what was read on VJ. If you do a search on Google adn include VisaJourney you will actually find a lot of serious data.

Thank you for your advice, would that make a difference If will have an attorney to accompany me during my hearing in the future? I dont know if i can reinstate my green card if they deny my citizenship and deport me. Thank you again. I'm happy in your situation now. Goodluck for your petetion of your relative.