Lying during naturalization interview - any consequences?

[Hotter Otter 1,211]

I'm sorry you are in this situation.

If you get your child's mother deported your child might not look too kindly on you in future, just a thought.

[Janelle2002 3,865]

But is having the child around various men because this woman is seeking the rich and famous American man in the best interest of the child?

People can put their children, especially small and vulnerable, in horrible situations when they are seeking something they want. IF she came to the U.S., slept with a man for years without loving him, had his child all along cheating on him and looking for other men to move on to after she got her citizenship, no telling what else she is capable of doing.

We can't say for sure if her being deported or staying in the U.S. is in the best interest of the child. Let the courts and USCIS make this decision. That is what they are for.

[novedsac 355]

I-751 interview. Still unsure what to do. I guess deporting her i not in childs best interest.

No, it's not. It's not in your best interest either.

A family court judge could very well decide that it is in the best interest of the child to be with his mom even if she is living outside of the US. Your three year/ three year proposal would likely never be allowed - more likely a scenario where the child lived with the mom overseas, attended school, etc - and had extended school vacations with you. However, if she chose not to abide by the Court Order you'd have a heck of a time enforcing it. Whether you have full custody or not, having both parents close by is in the best interest of the child and facilitates flexible visitation and involvement of parents in the child's activities. Additionally, having her working with a decent salary potentially limits the child support and/or alimony you would have to pay.

A family court judge isn't going to care if she lied to an immigration officer. Immigration fraud is outside the scope of jurisdiction of a family court judge and they are very, very unlikely to care. However, if you have other instances of lying you can clearly prove, then demonstrating a history of lying and manipulation can paint a picture of her character that may very well call into question anything and everything that she says on a witness stand should you go to trial.

You're also unlikely to get primary custody on the basis of marital infidelity alone, unless she's shacking up with guys that you can prove will be a danger to the child (e.g., a felony conviction for aggravated assault, child pornography, etc.) You may want to look at a shared custody arrangement if they are allowed and/or favored in your jurisdiction. She may be willing to accept this at a mediation whereas I suspect a full trial will be needed to secure a primary custody arrangement. A full trial is going to be expensive - 30k or more after mediation has failed.

[frody 14]

Seems nobody is seeing the point of view of the wife.

She is doing everything she can to be in USA with the child/ and work in her field.

About cheating: well nobody wants that in their life but if the husband is checking her computer seems he is a controller and who knows why she was looking for someone else to be with.

Focus in the child that need mom and dad. A deportation will came back and bite you right in your neck. If Im your son and I found you make my mom deported and have a horrible life just because you want to revenge I will hate you with all my heart.

Maybe you win now, but believe me: in the future you will regret taking this decision.

[kzielu 1,149]

Seems nobody is seeing the point of view of the wife.

She is doing everything she can to be in USA with the child/ and work in her field.

Yes, and if being in USA was her only reason to marry him, then she should be sent out.

[Rob L 3,811]

I have read your other threads here regarding your situation as well and I'm sorry to hear the troubles you are going through. That being said, there is a child involved and it sounds to me that you are spending far too much time and energy trying to hurt or get even with this woman, the Mother of your child. Do you not think that hurting her will not also eventually hurt your child? If I were you, as hard as it may be, I would suck it up and do what is best for my child. Let the past be the past and let your child have the best possible future.

I only regret that I have but one vote to give your message.

[Jon and Krissy 452]

No, it's not. It's not in your best interest either.

A family court judge could very well decide that it is in the best interest of the child to be with his mom even if she is living outside of the US. Your three year/ three year proposal would likely never be allowed - more likely a scenario where the child lived with the mom overseas, attended school, etc - and had extended school vacations with you. However, if she chose not to abide by the Court Order you'd have a heck of a time enforcing it. Whether you have full custody or not, having both parents close by is in the best interest of the child and facilitates flexible visitation and involvement of parents in the child's activities. Additionally, having her working with a decent salary potentially limits the child support and/or alimony you would have to pay.

A family court judge isn't going to care if she lied to an immigration officer. Immigration fraud is outside the scope of jurisdiction of a family court judge and they are very, very unlikely to care. However, if you have other instances of lying you can clearly prove, then demonstrating a history of lying and manipulation can paint a picture of her character that may very well call into question anything and everything that she says on a witness stand should you go to trial.

You're also unlikely to get primary custody on the basis of marital infidelity alone, unless she's shacking up with guys that you can prove will be a danger to the child (e.g., a felony conviction for aggravated assault, child pornography, etc.) You may want to look at a shared custody arrangement if they are allowed and/or favored in your jurisdiction. She may be willing to accept this at a mediation whereas I suspect a full trial will be needed to secure a primary custody arrangement. A full trial is going to be expensive - 30k or more after mediation has failed.

Some of these points are 'ok,' some are wide of the mark.

It is not altogether likely she's be allowed to take the child abroad to live. See In re Marriage of La Musga 88 P3d 81, 12 Cal Rptr 3d 356, 32 Cal 4th 1072 (Ca 2004). It's very case by case, per that decision, and this guy lives in California, so that's the correct case law. If he can get primary physical custody, which he needs to step up and fight for, then it definitely won't happen.

With her making 90K, she would be the one to pay HIM spousal support (for a limited duration, given the short marriage) and if he can get primary physical custody, SHE would be the one paying child support. (IIRC, OP mentioned in another thread she is making more than he is now).

Getting her deported isn't necessarily the bad idea some seem to think it is. If she's half the snake you say she is, I'd try it, and simultaneously fight for primary physical custody. Make sure you have that child's passport secured, so she can't take off with the kid. You can also get a court order preventing her from taking the child out of the country while all this is being resolved.

As to the 30K cost, it depends. If she lawyers up, you'd better do the same, so it could come to that. Do you think she's willing to spend that kind of cash? If not, you can both proceed pro se.

[EM_Vandaveer 2,408]

Now I am really confused. I thought OP earlier said that only the oath was left, how can it be an I-751 (ROC) interview then? If they are not divorced yet did they file the ROC jointly? If so, how come OP's presence was not required at the interview?

[raven52 233]

To me, if my wife cheated once, "she would be history" over done, but everyone has their own tolerance level.

As far as legally married, not to me, as "intent of the marriage" (since adultery has occurred)and a divorce seems certain and if this woman spoke of a loving, happy marriage, that is fraud to me and now a supposedly professional woman has committed a fraudulent act, to a US Govt. official. This is what we have been told. If all is true, as said, then this all should be reported to the proper authorities, within the next very few days.

It is not the way the system should work, on lies (supposedly) and deception. If this woman did all that has been said, she does not deserve to be a citizen, mainly for lying on the interview.

As for as the child, I certainly think it would be better off with the father, or at least joint custody. I would file divorce before she does, it means a lot, to be first, been there, done that!

I wonder if it is proven, she committed an act of fraud against the US Govt. "should she be allowed to stay in this country?"

I feel so bad for the OP, the child, caught in the middle, and I can only imagine how I would feel if my Filipino wife did that to me, it would kill me for sure! (inside)

[Shenzhen 34]

Sorry about this. Very bad report her for what she is.....

[TBoneTX 45,663]

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[Teddy B 17,252]

So my wife lied during her naturalization interview (i-751) a few weeks ago.

This was her final interview. All that remains is swearing in. I've been reading as much as possible and my latest concern is that it appears custody is a separate issue from citizenship.

I-751 interview. Still unsure what to do. I guess deporting her i not in childs best interest.

Just to clarify for you. The I-751 is for Removing Conditions on the 2 year greencard. The N400 is for naturalization/citizenship. It's still unclear which stage you're at. Your timeline seems a bit off. Did you really have a 3 month AOS approval even with an RFE, and a 1.5 month approval time for your I-751?

Edited January 15, 2015 by Teddy B

[Yurika & Jim 77]

Just to clarify for you. The I-751 is for Removing Conditions on the 2 year greencard. The N400 is for naturalization/citizenship. It's still unclear which stage you're at. Your timeline seems a bit off. Did you really have a 3 month AOS approval even with an RFE, and a 1.5 month approval time for your I-751?

Here is their timeline from I-751 August 2013 Filers thread... (theirs were fastest approval in that group though...)

VJName.............Date of I-751...NOA1 Date....Biometrics.....Approved

UGLY_AMERICAN........08/09/13......08/12/13......09/05/13......09/25/13 (Request bio rescheduling)

Edited January 15, 2015 by Yurika & Jim

[Darnell 8,478]

This was her final interview. All that remains is swearing in. I've been reading as much as possible and my latest concern is that it appears custody is a separate issue from citizenship. I'm not so sure they wouldn't issue an order whereby the child spends three years and one country and three years in another country, back-and-forth until the child is old enough to decide. If this is the case then I would not be inclined to report her.

Yes 90K per year and that's entry-level state employee in California. By the way, all the men she's met online have incomes listed in the $250,000 to 500,000 range on their profile.

If you wanted to stick her on the bit about separated date, as of,

then

you'll need to compile a casefile of evidence, along with your written attestation,

and get into the local USCIS office via an infopass appointment,

and ask to speak with a FDNS officer. There are other things you could present about the legitimacy of the marriage, as well, with the FDNS officer, and it should be useful, as this 3-year married-to-a-USCitizen timetick is meaningful to USCIS - must be able to prove up the marriage was viable on the day of the interview. Since she lied during the interview, and you've evidence of it - a FDNS officer can do something based on that evidence. Maybe. Still, you won't know until you try, and if you don't try, well - it's still on you for the lack of action.

as to custody and divorce - custody is determined during a divorce hearing. custody can also be awarded , temporarily, during first filing when the petitioner (of the divorce case) asks for it from the judge - but must have a pile of evidence that the judge will easily understand.

[Teddy B 17,252]

Here is their timeline from I-751 August 2013 Filers thread... (theirs were fastest approval in that group though...)

VJName.............Date of I-751...NOA1 Date....Biometrics.....Approved

UGLY_AMERICAN........08/09/13......08/12/13......09/05/13......09/25/13 (Request bio rescheduling)

You spend a lot of time in that forum, based on what you know of I-751 timelines are you buying it? I'm a bit leery, I've never seen one that fast. The only three timelines from that same group of filers at the CSC for August 2013 that even come close are at 2.5 months, and this poster had a biometrics reschedule to boot. All of this posters approval times from the I-129 through the I-751 are at warp speed. Usually doesn't happen that way.

California Service Center (28 applicants [19 transfer from VSC], 24 approval - 86% )

VJName.............Date of I-751...NOA1 Date....Biometrics.....Approved

NAVYK................08/01/13......08/05/13......08/30/13......01/08/14 (From VSC on 09/12/13) LO Charlotte, NC

CRAZYD...............08/05/13......08/06/13......09/10/13......--/--/-- (From VSC on 09/18/13)

ASJ2346..............08/05/13......08/09/13......09/10/13......10/21/13 (From VSC on 09/23/13) APR from LO

AMSB2003.............08/05/13......08/12/13......08/20/13......01/31/14 (From VSC on 09/20/13) Walk in 08/30

HS2..................08/08/13......08/09/13......09/11/13......12/03/13 (From VSC on 09/12/13)

BOCACHICABABE........08/05/13......08/12/13......09/10/13......--/--/-- (Early Bio 08/26)(Trans from VSC)(RFE received 12/13, responded 01/06?)

UGLY_AMERICAN........08/09/13......08/12/13......09/05/13......09/25/13 (Request bio rescheduling)

VIRGILIOX............08/09/13......08/13/13......09/17/13......12/13/13 (From VSC)

WANTMYGC2013.........08/10/13......08/13/13......09/11/13......12/26/13 (From VSC)

GANESH8..............08/12/13......08/13/13......09/12/13......02/18/14 (Early Bio 08/30)(From VSC)

HIGHEST..............08/12/13......08/13/13......09/09/13......10/31/13 (Early Bio 08/22) Divorce Waiver

DAVID & KEZIA........08/12/13......08/14/13......09/10/13......12/26/13

RICHIE RICH..........08/12/13......08/15/13......09/13/13......12/18/13 (Early Bio 08/30)(From VSC on 09/12/13)

ELLA & OCTAV.........08/13/13......08/15/13......09/19/13......10/29/13 (From VSC)

CHARLES&SOWON........08/14/13......08/19/13......09/11/13......11/27/13

J & K................08/13/13......08/20/13......09/24/13......12/03/13 (Redo Bio 10/17/13, Walk-in)(From VSC on 9/20/13)

GANDL................08/19/13......08/21/13......09/30/13......12/17/13 (From VSC)

BRAVEHERT87..........08/21/13......08/27/13......10/04/13......01/10/14 (From VSC)

MWRINKLES............08/21/13......08/27/13......09/17/13......--/--/--

DVAZCIS85............08/21/13......--/--/13......09/25/13......12/19/13 (No NOA)

DAN C................08/19/13......08/23/13......10/01/13......12/21/13 (From VSC) (Early Bio 09/18)

SUN FLOWER...........08/23/13......08/26/13......10/01/13......11/21/13 (From VSC 10/4/13, Card sent on 11/25/13)

KZIELU...............08/26/13......08/28/13......09/20/13......12/11/13

AIDORE...............08/26/13......08/28/13......09/18/13......--/--/-- (Early Bio 09/13)(Interview is scheduled)

LILMEOW..............08/26/13......08/28/13......10/07/13......11/18/13 (From VSC) LO San Antonio, TX

SHARRYSAN............08/26/13......08/29/13......09/19/13......01/16/14

RHENZHEN.............08/26/13......08/29/13......10/04/13......12/12/13 (From VSC, Card received on 12/23/13)

SHOEB.KOOL...........08/28/13......09/09/13......10/07/13......12/11/13..(From VSC)