N-400 Pending (Due to RFE) and Divorce in Process

[bunique 0]

Hi all,

I will be very brief and detail. I got my green card based on my USC spouse, we lived together till about 2 months after the removal of condition on my 2 years GC. We have been having problems and each time we have argument she always send me out and later will call days after pleading with me to return. In the space of 3 years, I was sent out 7 times! The last 2 times involved the Police but no one was arrested and nothing was filed. The last event was what made me to leave and thought that we (me and my wife) needed space to address our marriage. I forgot to mention that I had went back to school January 2013 in one of the best Engineering schools in our state. She was not really in support of this as all she wanted was for me to get stucked with my underemployed but averagely paying job.

I got the 10 yrs GC in June, 2013 and actually left days after. I stayed with a friend for weeks till I was able to get a small place to rest my head and face my studies. My wife and I partially reconciled and continue seeing and spending times at each other's places. We both talked about my N-400 application and she felt it was okay to make it as we were still married and both still have access to each other's places. We still have our joint account, have her on my lease and my health insurance from my work, and jointly filled taxes till date. So I made the application March 8,2014 (one day after my exact 3 years of my first GC).

Things were up and down between us and sometimes she threatens with divorce. I went for the Interview July 7, and had RFE based on my child that I had in my application right from the start of my application journey. I had my child 7 years ago in one European country that I lived while going to school. I have a good relationship with my child as we talk on skype very frequently on skype and phone. The officer wanted further evidence showing that she is my daughter and that I support her from here. I was able to translate the resident registration paper that I have with me here showing her as my daughter and also got some transaction record from Western Union to confirm my little cash sent to her via her mother. I sent in these papers July 18th and have not received any acknowledgment or updates on my case.

I called to inquire via the customer's service and was told to call back after 60 days. I did called back again and was told to wait as USCIS are currently treating the applications with RFE's that were submitted on March 3rd while mine was March 8th. To my utmost surprise, I just got a letter in the mail from some Law firm confirming to me that my wife has filed for divorce and that is it in the public record that she has done so. This came as a surprise to me as she still called me yesterday before my class talking about my school and also about how and if we can continue to work on our marriage. I believe she has done it but don't know how this is looking for me with my case status. I am very confident that people that are very intelligent and highly experienced here would take few minutes to read my post and give their views about how this is looking for me and what I should probably do about this messy situation. Thank you for your attention.

[Hypnos 6,576]

If filing for naturalisation under the three year rule it is a requirement that you are living with your US citizen spouse in a bona fide marriage. It doesn't sound as if you were living together at the time you filed (you make mention of "each other's places"), therefore you were not qualified to file for naturalisation. Given that your wife is now divorcing you, you definitely do not qualify to file for naturalisation under the three year rule.

The prudent course of action would be to withdraw your naturalisation application and then re-apply after you have been an LPR for five years under the five year rule. If you proceed with your application under the three year rule now then you are committing immigration fraud, and USCIS can remove your granted citizenship if they find out you obtained it illegally.

[Roddick2013 8]

Your case is similar as mine. And for my experience I can tell you this. Even if you are still married but not living at the same house, you don't qualify anymore. I applied on 2012, and I was told on my citizenship' interview to send ref's, so I sent more documents, at that time I was still happily married and living with mi wife. My application was pending like 15 months, at that time, I left home, but I was still married. I went to talk with an immigration lawyer, and he advised me the same. He said even if I was still married , I wasn't leaving with my wife anymore, and that was enough to get my application denied. so he advised me to withdrawal the application. and so I did . The lawyer wanted me to charge me $300 to write a withdrawal letter, so I said thanks, and left his office. So I wrote a simple letter to my local office saying that I want to withdrawal my application, make sure you put all your personal information on that letter, your name, your application number, your green card number,your signature, you don't have to put the reason (I didn't do that), send that letter by "priority" with a tracking number, and a signature required, into a month you'll received a letter confirming that you withdrawal your application successfully (no questions asked), and on that letter is gonna say that you can apply when you get your 5 years anniversary. According to that lawyer sometimes you don't get any letter confirming the withdrawal, if that happens you can call the 1800# and double check that. Hopes, this information can help you, good luck.

[JimmyHou 611]

Hi all,

I will be very brief and detail. I got my green card based on my USC spouse, we lived together till about 2 months after the removal of condition on my 2 years GC. We have been having problems and each time we have argument she always send me out and later will call days after pleading with me to return. In the space of 3 years, I was sent out 7 times! The last 2 times involved the Police but no one was arrested and nothing was filed. The last event was what made me to leave and thought that we (me and my wife) needed space to address our marriage. I forgot to mention that I had went back to school January 2013 in one of the best Engineering schools in our state. She was not really in support of this as all she wanted was for me to get stucked with my underemployed but averagely paying job.

I got the 10 yrs GC in June, 2013 and actually left days after. I stayed with a friend for weeks till I was able to get a small place to rest my head and face my studies. My wife and I partially reconciled and continue seeing and spending times at each other's places. We both talked about my N-400 application and she felt it was okay to make it as we were still married and both still have access to each other's places. We still have our joint account, have her on my lease and my health insurance from my work, and jointly filled taxes till date. So I made the application March 8,2014 (one day after my exact 3 years of my first GC).

Things were up and down between us and sometimes she threatens with divorce. I went for the Interview July 7, and had RFE based on my child that I had in my application right from the start of my application journey. I had my child 7 years ago in one European country that I lived while going to school. I have a good relationship with my child as we talk on skype very frequently on skype and phone. The officer wanted further evidence showing that she is my daughter and that I support her from here. I was able to translate the resident registration paper that I have with me here showing her as my daughter and also got some transaction record from Western Union to confirm my little cash sent to her via her mother. I sent in these papers July 18th and have not received any acknowledgment or updates on my case.

I called to inquire via the customer's service and was told to call back after 60 days. I did called back again and was told to wait as USCIS are currently treating the applications with RFE's that were submitted on March 3rd while mine was March 8th. To my utmost surprise, I just got a letter in the mail from some Law firm confirming to me that my wife has filed for divorce and that is it in the public record that she has done so. This came as a surprise to me as she still called me yesterday before my class talking about my school and also about how and if we can continue to work on our marriage. I believe she has done it but don't know how this is looking for me with my case status. I am very confident that people that are very intelligent and highly experienced here would take few minutes to read my post and give their views about how this is looking for me and what I should probably do about this messy situation. Thank you for your attention.

I agree with the 2 pervious responses; you should apply under the 5 year rule. The expedited 3 year rule exists to allow married couples to reach the end of their immigration journey as quickly as possible. Since your marriage is ending, USCIS will probably (although not definitely) treat you like anyone else who can just wait two more years to apply for citizenship.

[bunique 0]

I am very grateful for your vital comments (Hypnos, Roddick and Jimmy). I will update you with the further happenings of my case and situation, once again thank you guys!