Citizenship after I-751 (Divorce Waiver)

[Okalian 41]

Hello again VJ'ers!

I recognize some faces here from the removal of conditions forum I was among the first batch (maybe the first to report it on this forum ) to get the actual GREEN green card

Well i'm back again for N400 this time. This is my timeline in a nutshell:

Marriage Jan 2007

2yr GC March 2008

Divorce Dec 2009 (2 yrs 11 months)

Applied for I-751 Waiver Jan 2010

Approved April 2010 (no interview)

Engaged (legally married in Egypt) May 2012

God Willing, I'll be eligible to apply for N400 in December, based on the 5-year rule.

Here's the thing; I got "religiously engaged" about 4 months ago in Egypt, which is pretty much legally married there (without yet consummating the marriage). Since so far we don't intend to move to the US right away, we're not really concerned about filing a petition to bring her here. We plan to wed mid next year or so, God Willing.

I have a question about part 8 of N400. It asks how many times have I been married. My future wife isn't in the US, never entered the US, and we're not really "fully married" yet. So if such "half-marriage" is legally licensed only outside the US, do I need to bring it up/mention it in the application?

[meno-is-mine 37]

your "half-marriage" as u call it, or the katb ketab, is a legal marriage, assuming that you both actually signed the marriage contract at the ministry of justice (unless there's another way to do it legally)... that religious marriage is recognized by the US government as an actual marriage, despite the lack of consummation... many of the couples here on VJ petition for their husbands after their Katb-Ketab only.

[No-Where-Man 147]

Agree, you are consdidered married, and you should mention it in your N-400. Be prepared to include a copy of the marriage contract with your package, if its not issued yet, then you need to wait till you have one. law kan katb ketab yeb2a el mafrood te2dar tetala3 3a2d gawaz.....

Good luck man

[Okalian 41]

Agree, you are consdidered married, and you should mention it in your N-400. Be prepared to include a copy of the marriage contract with your package, if its not issued yet, then you need to wait till you have one. law kan katb ketab yeb2a el mafrood te2dar tetala3 3a2d gawaz.....

Good luck man

Thanks for the response everyone and yes, even when you do the katb ketab in the mosque they give you 3a2d gawaz (marriage contract) a couple of weeks later after they process your paperwork and whatnot.

Next question Should suffice to simply write N/A in SS# for my wife?

Additionally, in my case since I'm divorced, according to the instructions the ONLY thing that needs to be submitted with the application is the divorce paperwork, PERIOD? nothing else?

[Okalian 41]

Anyone?

[hakuna_matata2 0]

As the clause says

Proof that all earlier marriages ended (divorce decree(s), annulment(s), or death certificates(s)).

So yes, You will attach the divorce decree. And dont forget to fill out Section 8. Part F.

[Cfusion 0]

Hi there, I have a similar case. Applied for I-751 on divorce waiver.

Marriage Jan 2003 march

conditional Green card got it in two months

Divorce August 2007 (2 months)

Applied for I-751 Waiver 121/27/2007

Got rejected. appealed in court and judge over ruled in my favor on Sept 2012

Got my 10 year GC April 2013

Can I apply for naturalization N-400 right away? Or do I have to wait another 5 years? Will my permanent resident status all those years count. Even though it wasnt continuous. My case kept pending because judge kept postponing my date. But I was getting I-551 permanent residency stamps every year. Please help! Thanks.

[English Muffin 59]

What makes you think you have to wait until December to apply for naturalization? If you've had your green card since March 2008 you could have applied by now.

Edited May 11, 2013 by English Muffin

[Okalian 41]

Even though it wasnt continuous. My case kept pending because judge kept postponing my date.

What do you mean by "wasn't continuous"? if your permanent resident status wasn't terminated by a judge, then it should be continuous, unless you left the US for more than a year. Has this been the case?

[Cfusion 0]

Thx for the question! I did not file for I-751 within 90 days and my ex-wife left few months before my two years were up. I had to wait till my divorce was final to file I-751. GC expired 11/2005. Divorce took a while. 2007 I filed for I-751 got the interview but USCIS rejected and sent a letter for "removal proceedings". During that time I didn't have any stamp on my passport as my GC was expired so that's why I assume I was out of status? But since 2008 I have regular I-551 stamps consistent because I hired a new attorney who filed a challenge to that decision by USCIS. I've never been out of country for more than 2 weeks. Judge overruled the decision in 10/2012. My new GC is dated 11/26/12 - 05/01/2023.

Attorney is asking for a lot of money cause she says my case was complex and it will be a challenge convincing them that my conditional residency and I-551 stamps should count towards my duration to apply for naturalization. Hope this helps? She does agree that we should file N-400 asap. Do you know if my time during I-751 pending and judge hearing pending will count as a PR?