WITHDRAW MY CASE OR WAIT FOR DENY AFTER CALL THEM? WHAT'S BETTER?

[Roddick2013 8]

Hi forum, this is my history:

I got married with an American citizen 5 years ago. I have my permanent residence for almost 4 years. I filed my N-400 application based on 3 years married with American citizen and living with her. My interview was on July 2012, 2 days later, I’ve received a letter, asking me for more evidence, and if I don’t send that, my application will be review based on it’s merits. So I sent more evidence 3 weeks later, and my application has been pending since then, 8 month already. Can you guys believed that?

I filed for a divorce 2 weeks ago, and these are my questions?

Considering that I’m not living with my wife, and we are in a divorce process, and my application was based on the 3 years, is it better for my case to withdraw it?, I know I’ll have to call the USCIS number and tell them that, I’m not living with my still spouse and we are getting a divorce, I also know that I have to write them a letter too with all my personal information on it, but I was thinking too, just to wait something from them , like the oath letter or more evidence or I don’t know, and go there, and I know that that oath letter have questions, such as if you are still married and living with your spouse, and I don’t want to lie to them, I’ll choose that option that I’m not longer living with my still spouse, and get the denial on the spot.

What should I’ll do?

For how long do I have to wait to apply again? My 5 years anniversary with my green card would be on May 2014. Do I’ll get any kind of punishment saying waiting more years to apply again? Or no matter if it was a denial or withdrawal I’ll be able to do it when I reach my 5 years anniversary? Thanks guys in advance.

[bsd058 296]

Hi forum, this is my history:

I got married with an American citizen 5 years ago. I have my permanent residence for almost 4 years. I filed my N-400 application based on 3 years married with American citizen and living with her. My interview was on July 2012, 2 days later, I’ve received a letter, asking me for more evidence, and if I don’t send that, my application will be review based on it’s merits. So I sent more evidence 3 weeks later, and my application has been pending since then, 8 month already. Can you guys believed that?

I filed for a divorce 2 weeks ago, and these are my questions?

Considering that I’m not living with my wife, and we are in a divorce process, and my application was based on the 3 years, is it better for my case to withdraw it?, I know I’ll have to call the USCIS number and tell them that, I’m not living with my still spouse and we are getting a divorce, I also know that I have to write them a letter too with all my personal information on it, but I was thinking too, just to wait something from them , like the oath letter or more evidence or I don’t know, and go there, and I know that that oath letter have questions, such as if you are still married and living with your spouse, and I don’t want to lie to them, I’ll choose that option that I’m not longer living with my still spouse, and get the denial on the spot.

What should I’ll do?

For how long do I have to wait to apply again? My 5 years anniversary with my green card would be on May 2014. Do I’ll get any kind of punishment saying waiting more years to apply again? Or no matter if it was a denial or withdrawal I’ll be able to do it when I reach my 5 years anniversary? Thanks guys in advance.

I don't see why they would prevent you from getting citizenship after the 5 years. Being married to the same spouse is not a requirement for the 5 year qualification period. Only for the 3 year qualification period. But see if others agree.

[VanessaTony 3,567]

No punishment.

Have you contacted your congress person? You should have been approved/denied by now, this is WAY outside processing times. You fit the requirements at the time of interview and indeed months later... so I wouldn't withdraw just yet.

[I AM NOT THAT GUY 5,715]

For citizenship based on five years, you would have to be a permanent resident for five years. You can withdraw an application at any time before denial without prejudice. However, since you have already had your interview, I would contact them right away, so that you don't get denied for failing to disclose that you no longer are married, and risk some serious "complications" later on.

Edited March 20, 2013 by The Patriot

[Roddick2013 8]

I just got a call from an inmigration lawyer and I explained him everything that I just wrote here. He told me to send a letter to my local office with all my information, telling them that I have a n-400 application still pending for 8 month, that my marriage was a bonefide, but that at this time I'm getting a divorced and I'm not living with my spouse anymore, but he also told me "not to" withdrawal my application, just wait for the next step coming from them. he said. He also said to make a copy of that letter and keep it from my records when I applied again in the future. He said, probably I'll get a denial, but at least they'll have in their records that I sent that letter. He also said no punishment like the other user here said. that I can apply after my 5 year anniversary.

Edited March 20, 2013 by Roddick2013

[Roddick2013 8]

Thanks bsd058, vannesa and tony, and the patriot.

[DC85 113]

if you satisfy the 5 year requirements, you can book an info pass and request them to change it from 3yrs based to 5 yrs based application. Other wise, most likely you will get denied. you need to meet the requirement until you do the oath. it was your fault that you didn't follow up with them

[Roddick2013 8]

On may 2014 I'll satisfy my 5 year requirement, I didn't know that you can change from the 3 years to the 5 years, considering that when I get my 5 years with my GC I'll be divorced. When I went to my interview I was happyly married and living with my spouse, 8 month later I live by myself and getting a divorce.

[mozplay 29]

No punishment.

Have you contacted your congress person? You should have been approved/denied by now, this is WAY outside processing times. You fit the requirements at the time of interview and indeed months later... so I wouldn't withdraw just yet.

To the OP... it's not a bad idea that you contacted a lawyer (but feel free to get a second opinion) but I would also take Vanessa%Tony's advice. Call your congress person. If you had been approved within the processing time, you would not be facing this dilemma now. Good luck.

it was your fault that you didn't follow up with them

myafi, the OP Is asking for advice, not judgement. He's asking advice on the right thing to do - nothing wrong with that at all.

[Roddick2013 8]

Even if I call my congressman, what good that would be? My case is pending, and if they approved, I'll get the oath letter. But in that oath letter there is a couple of questions on the back the its says if you are still living with your spouse, and I'm not living with her anymore, I'm not going to lie and jeopardize my next application if I get a deny don't you think?

I'm more confused right now.

Edited March 21, 2013 by Roddick2013

[mozplay 29]

The congressman/woman would make a call on your behalf, and in fact, may discover that your file has been sitting in a dusty pile for months. Definitely don't lie. I'm not saying to lie. BUT, there may be a way for you to have your current case completed. And, the fact is that you are still married. You are not yet divorced. It cannot hurt to make a call.

[VanessaTony 3,567]

Even if I call my congressman, what good that would be? My case is pending, and if they approved, I'll get the oath letter. But in that oath letter there is a couple of questions on the back the its says if you are still living with your spouse, and I'm not living with her anymore, I'm not going to lie and jeopardize my next application if I get a deny don't you think?

I'm more confused right now.

I'm not suggesting you lie. You interviewed LAST YEAR... coming up on 9 months ago. the fact you haven't heard is VERY odd.

You are still married. Contact your congressperson, tell them your details (interview in X, RFE on X still waiting...) and they can figure out WTH is going on. Let them know your relationship is now failing, you are filing for divorce, and you're worried about the affect that will have on your application. You should be a USC by now quite honestly.

[Roddick2013 8]

You are right, I'm still married, and when I went to the interview 8 month ago I was married too and living with her, There is no hurt to call my congressman, you are 100% right. It could be an option for me. I just talk with another lawyer and he told me even if I'm getting a divorce but at the time that I went to the interview I was married and living with her, he said I can still have a shot, he said that i have to proof that my marriage was a bonefide and I can prove that, I have a lotof evidence for the last 4 years. pictures, statements and all that in both names.

[Roddick2013 8]

I'll call my congressman tomorrow morning. Thanks for the advise and good vibes, I'll explain him in details my case with dates and all that. It's so unfair that I have to wait all this time for being a US citizen when many others get that on the same day, ... it's so depressive, and stressing ....

Edited March 21, 2013 by Roddick2013

[VanessaTony 3,567]

I'll call my congressman tomorrow morning. Thanks for the advise and good vibes, I'll explain him in details my case with dates and all that. It's so unfair that I have to wait all this time for being a US citizen when many others get that on the same day, ... it's so depressive, and stressing ....

Try not to worry. Just think positive thoughts. In the event you're denied you can always reapply next year so it might take longer, but it'll happen