Be Accused Marriage Fraud While Waiting for N-400 Interview

[Eric-Pris 1,607]

DITTO I must say 3.5 years & application? there is some cause for pause that the IO could wonder

is here some truth to what she sayst

HUH???

Not sure if know that it is legal to apply for US citizenship after 3 years of marriage to USC. Why would IO suspect anything negative because he's applying at 3.5 years?

[Anitafeliz 1,133]

Thank you for your time and comments. However, I've never thought of finding loopholes nor trying to swindle my way during this serious and important naturalization process. Every immigrants have their different stories and situations. I am posting my situation and questions here to ask for suggestions and answers. Constructive feedbacks help me clarify and not to misinterpret the immigration law. And that's why I did lots of research and specifically listed the rules that seem to be ambiguous to me.

After getting correct understanding of those regulations, I can know whether if I should withdraw the case and save everybody's time, or still go to the interview and tell the officer the situation and let s/he decide. Nothing will be hidden nor altered for "finding loopholes" nor "swindling my way." I am just trying to spend time on researching and getting understanding about the laws, rather than pretending I understand everything and interpret everything by myself.

Also, I've mentioned in my post that I haven't vacated my matrimonial home. I was more like being kicked out and not provided the access to my belongings at my home.

<<<<AND THIS IS WHY USCIS IS BACKED UP>>>>

because people misfile and do appointments...having people that are deserving of services waiting for the line to clear...

Edited October 28, 2016 by Anitafeliz

[Eric-Pris 1,607]

<<<<AND THIS IS WHY USCIS IS BACKED UP>>>>

because people misfile and do appointments...having people that are deserving of services waiting for the line to clear...

I'd say that's a small part of it but definitely not what halts the system. The main reason is that CIS is under funded, even though they take in billions in ridiculously high fees, and therefore lack the manpower to efficiently process the millions of application they receive. The other major reason is CIS employees are just like the typical civil service (referring to government office) employees, they are lazy and without any ambition/drive. Ambitious people (i.e. Go-getters) don't take government office jobs. These are jobs for the type of person that is happy settling into lifetime job with no accountability or oversight, unless something major happens and it makes national news, where you go in at 9, put in the least amount of work allowed to not get fired, and go home at 5. Rinse and repeat. There's very little upward mobility available, but it's a secure job because immigration isn't going anywhere so seniority is gold. The pay is decent usually, especially for the people that work there (high school grads, maybe some college but nothing beyond that). These people have ZERO motivation to get these cases out in any kind of expeditious matter and it shows in the timelines.

I know that I'm grossly generalizing and I know there are good people working in these jobs, but, unfortunately, the majority is just as I described.

Edited October 28, 2016 by Eric-Pris

[hasmax80 22]

I agree with suggestions of having to wait 1.5 years based on 5 year rule. If the spouse does not want to be in the relationship then it does not make sense to use that option. If the relationship is solved prior to the interview date then it's well and good. I don't believe it's a misfiling but rather change of situation occurred. You can attend the interview and disclose the changes to your situation as you have paid your fees anyways.

Meanwhile visit your sick family member and try to come back frequently so you don't delay getting your citizenship. In any case, you can always travel with a GC as long as you come back within a year so there should be not immediate rush to get your citizenship. I just don't think it will be right to use the marriage option when you spouse is not supportive of it.

You may also schedule an interview at USCIS field office close to your city and explain your situation. They will advise you correctly and are more knowledgeable than most of us. You can also hire a lawyer to give you guidance but this will cost you.

Edited October 28, 2016 by hasmax80

[alanuchi 2]

I am not an expert on immigration topics, but I'd like to suggest something that I haven´t seen mentioned yet.

It´s my understanding that one of your concerns is your ability to leave the country for an extensive period of time without losing your residence. I remember reading about Form I-131 (Re-entry permit) and Form N-470 (Application to Preserve Residence for Naturalization Purposes), for permanent residents planning to stay abroad longer than a year. According to USCIS website, one of the valid reasons to fill in a Form I-131 is visiting an ailing relative. Hopefully you manage to fix your marital problems and don´t need it, otherwise I think this information could be helpful if you decide to leave for a long period.

I´m not knowledgeable about the level of security that Form I-131 provides, or if there is any other implication that I´m unaware of. Maybe the experts on the forum can comment and put this information into context.

[Hypnos 6,578]

still go to the interview and tell the officer the situation and let s/he decide. Nothing will be hidden nor altered

Certainly, if you want to waste USCIS' time by forcing them to adjudicate a petition that cannot be approved then you can absolutely do that.

[Taaz 6]

​This man has been married 3 years + living with his wife. They file for his naturalization. Then the family has issues wife makes allegations and files for annulment or divorce AFTER they have filed.. You all KNOW that there has to be sufficient evidence to prove marriage before you file. Based on Section 319(a) INA he has had to have lived three years in a marital union with US Citizen spouse preceding the filing date... So no I am not ignorant nor misinform just based on what he has said he had met the criteria to file. Simple.

​As for the OP I hope you can find a solution have all your documentation ready, better to do change of address now, than later and just have proof to back up your circumstances. Unfortunately to many spouses of either gender have abused this system that it makes it hard on genuine marriages. Sometimes life happens and it doesn't work out so I am sure when it comes to your interview the person doing it has more than enough experience and knowledge to know what is real or lies and also guide you in a direction best for your situation.

[Hypnos 6,578]

He met the criteria to file at the time he made the application, but no longer living with his US citizen spouse then rendered him ineligible at that point.

As it stands now, his N-400 stands no chance of being approved.

I'm kinda getting tired of repeating myself, so others can pick it up from here.

Edited October 29, 2016 by Hypnos

[aleful 1,905]

hi

Hypnos is correct, it's not just proof of having had a marriage, it's continuing to have a bona fide marriage, even until he has the oath ceremony, not just the interview and testing. He must still be living with his wife and no filing for divorce to be able to attend the oath ceremony.

he will have to submit next year's taxes, and evidence of currently living together and co mingling of finances. He can't be living apart, he can't be divorced or even his wife filed for divorce or annulment

but hey, if he wants to throw his money away, be denied and apply at the 5 year rule, it's his choice.

[Anitafeliz 1,133]

This man has been married 3 years + living with his wife. They file for his naturalization. Then the family has issues wife makes allegations and files for annulment or divorce AFTER they have filed.. You all KNOW that there has to be sufficient evidence to prove marriage before you file. Based on Section 319(a) INA he has had to have lived three years in a marital union with US Citizen spouse preceding the filing date... So no I am not ignorant nor misinform just based on what he has said he had met the criteria to file. Simple.

Divorced My U.S. Citizen Spouse After 3 Years, Am I Eligible Under The 3 Year Rule?

divorce-before-roc if you have already divorced your spouse before you gained citizenship, you will need to wait 5 years from the date on your green card.

It would not matter how long you were already married 3 years before your divorce. All that matters is whether you are currently still married and living with your U.S. citizen spouse when you apply for naturalization.

Furthermore, divorce will not make it more difficult to naturalize. It only means that you have to wait a few more years, and this will allow you to prepare for your civics test.

Taken from: http://mypathtocitizenship.com/filing-for-divorce-after-3-years-of-marriage-can-i-still-apply-for-u-s-citizenship/

Edited October 29, 2016 by Anitafeliz

[Anitafeliz 1,133]

http://forums.immigration.com/threads/applied-for-citizenship-under-3-years-marriage-to-usc-still-pending-will-file-for-divorce.302609/

Here's another page where the lady states that the letter for the appointment will ask if divorced or separated on the back.....

The guy waited and had been her for 6 years when finally able to gain appt for citizenship ceramony.......BUT now needs to start again....

It's two more years.....not a lifetime.

Edited October 29, 2016 by Anitafeliz

[agrabs 241]

​This man has been married 3 years + living with his wife. They file for his naturalization. Then the family has issues wife makes allegations and files for annulment or divorce AFTER they have filed.. You all KNOW that there has to be sufficient evidence to prove marriage before you file. Based on Section 319(a) INA he has had to have lived three years in a marital union with US Citizen spouse preceding the filing date... So no I am not ignorant nor misinform just based on what he has said he had met the criteria to file. Simple.

​As for the OP I hope you can find a solution have all your documentation ready, better to do change of address now, than later and just have proof to back up your circumstances. Unfortunately to many spouses of either gender have abused this system that it makes it hard on genuine marriages. Sometimes life happens and it doesn't work out so I am sure when it comes to your interview the person doing it has more than enough experience and knowledge to know what is real or lies and also guide you in a direction best for your situation.

WRONG he has not met the criteria. You are misinformed. It is not based on the date of filing. It is based on the date of naturalization. While he met the criteria at the time of filing he no long qualifies. My husband just went through the naturalization process and you have to fill out and sign a form sent with the interview letter stating that you have not separated from your spouse or applied for divorce since submitting your application. Also, at the interview they will ask questions about the marriage. Then even AFTER your approval when you receive the oath ceremony notice in the mail you must fill out and sign again stating that you have not separated or divorced since your interview.

[MeAlone 161]

the thing is before the naturalization the authorities ask about if the applicant still have the valid marriage, if at the moment of the interview or before the naturalization ceremony this condition is changed, the applicant should tell the truth and will be denied the citizenship. If the applicant lies, the citiizenship based on lies can be revoked any time, no forgiveness in case like that, the applicant wouldn't like to live all his life with the fear being deported and his citizenship taken away.

Better wait and apply as yourself alone based on 5 years rule

Tasha

[TBoneTX 46,067]

The point has been made, and the OP's question has been clearly answered.

Thread is now closed to further comment.

Best wishes to the OP.