Be Accused Marriage Fraud While Waiting for N-400 Interview

lck · October 28, 2016

Ash. 1101, Thank you for your advise and patience with me. That's the main reason I didn't mention about my motivation to stick with 3-yr marriage based naturalization, because I know stories don't really matter but evidences, and this is an immigration forum rather than a marriage consultant group. However, sometimes it's just very easy to produce misunderstandings or make people thinking about finding loopholes without completely explaining the motivation and telling the whole stories. And that's the main reason I apologized, for not clearly expressing my intention well. It does nothing about pleading ignorance. The "as a new immigrant" part refers to my English ability instead of my ability to follow USICS's clear instructions to do and not to do something. I think it's needless to describe how many efforts I put in proofreading and sentence checking before posting. It's my responsibility to do my best to make my English in every of my posts looks "fine" and make people easy to understand my questions, especially when I am asking for help.

The primary reason I haven't reported address change to USCIS is because I still very much want to move back to live with my spouse and continue our relationship. However, she doesn't seem to want that and prefers to kick me out and have me stay in a small work studio I rented for work now.

I've asked my spouse to go abroad with me in order to stay together, but she doesn't get along well with the dying family member. That's one of the reason she doesn't like this kinda long-leave thing for a person she hates. Issues for a married couple to argue and fight can be very mixed and complicated. Thus, I prefer to just briefly describe my motivation for pushing the 3-yr naturalization in this thread in order to avoid unnecessary misinterpretations or comments, rather than dig deeper into my current frustrating relationship with my spouse and my parents. Keeping discussing or debating my motivation is kinda out of the scope here, but exploring possibilities and sharing knowledge can not only help me but also people who have similar situations like me.

Thank you again for your suggestions, advices, and your time.

Pitaya · October 28, 2016

~two non-constructive, non-contributory posts removed~

~Post constructively, and on topic, or do not post~

Pitaya

VJ Moderation

Ash.1101 · October 28, 2016

Ash. 1101, Thank you for your advise and patience with me. That's the main reason I didn't mention about my motivation to stick with 3-yr marriage based naturalization, because I know stories don't really matter but evidences, and this is an immigration forum rather than a marriage consultant group. However, sometimes it's just very easy to produce misunderstandings or make people thinking about finding loopholes without completely explaining the motivation and telling the whole stories. And that's the main reason I apologized, for not clearly expressing my intention well. It does nothing about pleading ignorance. The "as a new immigrant" part refers to my English ability instead of my ability to follow USICS's clear instructions to do and not to do something. I think it's needless to describe how many efforts I put in proofreading and sentence checking before posting. It's my responsibility to do my best to make my English in every of my posts looks "fine" and make people easy to understand my questions, especially when I am asking for help.

The primary reason I haven't reported address change to USCIS is because I still very much want to move back to live with my spouse and continue our relationship. However, she doesn't seem to want that and prefers to kick me out and have me stay in a small work studio I rented for work now.

I've asked my spouse to go abroad with me in order to stay together, but she doesn't get along well with the dying family member. That's one of the reason she doesn't like this kinda long-leave thing for a person she hates. Issues for a married couple to argue and fight can be very mixed and complicated. Thus, I prefer to just briefly describe my motivation for pushing the 3-yr naturalization in this thread in order to avoid unnecessary misinterpretations or comments, rather than dig deeper into my current frustrating relationship with my spouse and my parents. Keeping discussing or debating my motivation is kinda out of the scope here, but exploring possibilities and sharing knowledge can not only help me but also people who have similar situations like me.

Thank you again for your suggestions, advices, and your time.

You're good and I understand. And again, don't worry about your english, it's fine. I wouldn't even had known you weren't a USC had you not said anything =]

I understand the not changing of addresses, I would advice that you make sure she does NOT throw away anything that USCIS sends you. That could do you some harm.

As for the wife, I'm assuming that the issue with the ill family member isn't the only issue plaguing your relationship, as divorce doesn't usually ever come from one single thing. Generally though, if it does, no one deserves that kind of ultimatum nonsense. I HEAVILY recommend a marriage counselor, while clearly you're sticking your foot in the sand, her not going with you because of a dislike is also her putting her foot down which makes it nearly impossible for either of you to agree.

While I don't know exactly her feelings on the family member, maybe an agreement of just visiting could help. Not saying stay for 6+ months or anything like that. Maybe just a month long trip, no longer. While I know you want to take care of her, like I said in my other post, it's better to lose one person than two when you're literally facing the risk of losing two people. Maybe have her come with you, tell her that you need her for her support, and that it'll just be two, three weeks, no more, but that you need it for yourself, but that you need her to be there for you too because this is hard for you, ESPECIALLY if you're changing your plans to just visit and say your potential goodbyes. Sometimes you have to compromise to protect yourself from an even greater hurt done by not compromising.

Sometimes you just need to suck up your dislike for someone to make the world around you a better place.

It's not the best Win/Win situation, but it allows you to both see your family member and potentially not lose the woman that you very genuinely seem to love.

A talk like this would depend on how approachable your wife is. Is she open to talk to you? Is the ONLY thing that made her say "GET OUT" this whole deal with leaving? If you have a chance to get back in your wife's good graces, and you truly want to be there, then you need to compromise. If there are larger issues at play here, and she kicked you out over a culmination of things, then the road to repair is a lot harder, and if you truly want to repair it, then you need to start now. Again, I don't know the details of your relationship, there could be years worth of anger, hate, sadness, what ever in your wife's head. Only you know what she needs from you to get her back, I would focus on getting her back if that's truly what you want.

Take her on a date, out to eat, somewhere you can talk but that maybe emotions won't rise because you're in public. Don't talk about your family member initially. Talk to her, ask how she's been, try to become her friend again if ya'll have fallen out of sorts. If you can get her to be able to breath easy around you (as I'm assuming she doesn't because she kicked you out) then your road to recovery will go a lot smoother. Don't make the talks about immigration or the ill family member, make it about ya'll and the relationship you want. Find out what she wants, see if there is room for compromise and go from there. Make the date/dinner/lunch about re-finding each other. Re-igniting that spark.

Wish ya'll the very best and I hope you can make it work out. =]

Edited October 28, 2016 by Ash.1101

Hypnos · October 28, 2016

Your reasoning for wanting to be naturalised asap is understandable.

This doesn't change the fact, however, that since you are not currently living together then you aren't currently eligible to naturalise under the three year rule. One of the first things you'll be asked at any N-400 is to confirm your name, dob, and address. At that point, when you tell the interviewer that you aren't living at the same residence anymore, he will ask if your wife is living with you at your new residence. You will say no, and they will then inform you that you aren't eligible at this time, and your N-400 will be denied.

There is no wiggle room here. If you aren't living together at the same residence in a true marital union then you cannot be naturalised under the three year rule. That's the law.

lilsweetie · October 28, 2016

Based on the situation you have described you are not eligible for marriage based naturalization. You can reapply at 5 years.

This exactly.

You are only eligible for 3 yr naturalization because of marriage to a US Citizen, otherwise it is 5 years, so I think it would be safer to wait for 5 years and reapply. I guess since you have paid the N400 fee and are already down that road, might as well go for interview and explain - worst case is they deny you and you have to reapply at 5 years.

Taaz · October 28, 2016

Regarding a divorce most states now have a No Fault divorce so your ground can be you just decided you didn't want to be married any more.

If you have been married 3.5 years then technically you have fulfilled the 3 year requirement to get citizenship. Get all your documents and papers in order so if she makes an allegation that maybe false you will have proof to protect you. As one person mentioned allegations are just that allegations.