Applying For Citizenship -pls Help me on my Case

[rp36 0]

I am so glad if any one can help on my case -In advance Thanks to everyone who help me on this forum .Your suggestions and advices are higly appreciated

 

Date of Issue Green Card 07-OCT-2013  and divorse also 07-OCT-2013  same date 

The divorse was filed 1 and half year the date of the divorse was granted ..Got EAD in JAN-2012 itself.   I filed to apply for US citizenship after 5 years now .   1.Will  there  be any issue  with green card ..?   2.Will it effect my naturalization process ..?

Edited September 9, 2018 by rp36

[Villanelle 4,122]

Did you have any issues with ROC? You filed as divorced waiver correct?

[Starkilla09 366]

The missing piece of your puzzle is if you got a 10 year greencard through removal of conditions or if you got it through adjustment of status after being married for 2 years before adjustment of status was approved. Figuring from what you wrote (correct me if I’m wrong), it seems as though you got your 10 year green card through removal of conditions and had filed for divorce a year and a half prior to it being adjudicated and approved. If this is the case there will be no issue provided you filed a divorce waiver I-751 petition, or  notified USCIS about your divorce to switch your already pending joint I-751 to a divorce waiver option. (Normally when you do notify to have this done they send an RFE asking for your final divorce decree to make a decision on the adjudication). If you were going through divorce and did nothing and they approved your joint petition, now that’s a problem as your green card was incorrectly issued and this will come to light during your naturalization interview and will be a mess to clean. This is very common and has happened to quite a lot of people.

[rp36 0]

I got it GC by adding at the time of spouse filing for his I-751.

Marrige date : SEP-02-2010

ex his GC on his EB2 category : JULY 2011

He added me on his I-485 when his dates are current  ,I got EAD on JAN 2012.

Later got 1o years GC on 2013 

Quote

 

 

[rp36 0]

I dint filed any divorce waiver ..

[rp36 0]

Dear starkill09,

 

 i got it through adjustment of status after being married,and the ex added when  I-485 stage of the green card processing .

what is meant by by divorce waiver petetion

 

[rp36 0]

So with out applying for Naturalization,Can i add spouse on I-130 to bring from India.If i marry some one from India.

[Villanelle 4,122]

can you please clarify the dates. Fill out the following-

date married

date spouse got GC

date you got GC

date you FILED for divorce

date divorce was granted (final decree)

 

[arken 4,197]

39 minutes ago, rp36 said:

So with out applying for Naturalization,Can i add spouse on I-130 to bring from India.If i marry some one from India.

Yes, if you marry, you can file i130 for your spouse as a GC holder. It will take around 2 years for your spouse to immigrate to US. You said you applied for citizenship that means you applied for naturalization. Once you become a citizen, your processing goes faster.

[arken 4,197]

18 hours ago, rp36 said:

I am so glad if any one can help on my case -In advance Thanks to everyone who help me on this forum .Your suggestions and advices are higly appreciated

 

Date of Issue Green Card 07-OCT-2013  and divorse also 07-OCT-2013  same date 

The divorse was filed 1 and half year the date of the divorse was granted ..Got EAD in JAN-2012 itself.   I filed to apply for US citizenship after 5 years now .   1.Will  there  be any issue  with green card ..?   2.Will it effect my naturalization process ..?

You need to hand over your GC the day you get your naturalization certificate. Till that time you will remain a GC holder.

[rp36 0]

20 minutes ago, Damara said:

can you please clarify the dates. Fill out the following-

date married

date spouse got GC

date you got GC

date you FILED for divorce

date divorce was granted (final decree)

 

date married  :SEP-02-2010

date spouse got GC -JUL-30-2011 On EB2 Category

date you got GC -- added me on NOV-12-2011  on his I485 adjustment ,Got EAD on JAN-2012

   got GC on OCT 7 -2013

date you FILED for divorce - April-20th -2012

date divorce was granted (final decree) -Oct-7th-2013

[rp36 0]

17 minutes ago, arken said:

Yes, if you marry, you can file i130 for your spouse as a GC holder. It will take around 2 years for your spouse to immigrate to US. You said you applied for citizenship that means you applied for naturalization. Once you become a citizen, your processing goes faster.

During the dates Mentioned above ,If i add it on my GC ,and adding spouse on I-130 is the USCIS still visit my Case and about the dates of Issue of it wont be a problem

 

I got stucked in this phase .even very scared to apply for citizenship.

My marrige was arrnged marrige and there was no fradulent.Since i was in dilema and keep on concentraing on saving may marrige i didn't concentrate on Immigration issues .And still got stucked here 

[Villanelle 4,122]

1 minute ago, rp36 said:

date married  :SEP-02-2010

date spouse got GC -JUL-30-2011 On EB2 Category

date you got GC -- added me on NOV-12-2011  on his I485 adjustment ,Got EAD on JAN-2012

   got GC on OCT 7 -2013

date you FILED for divorce - April-20th -2012

date divorce was granted (final decree) -Oct-7th-2013

Ok. thank you. The issue is you got the GC based on your spouse and the date it was issued you were also granted a final divorce on the SAME DATE making you potentially ineligible for the adjustment.   

 

Not really sure how that is going to impact things. Did you tell USCIS that you guys filed for divorce APR 2012? Did you have any interviews? Not sure if its going to impact anything Im just trying to get all the info possible. I can try to look into this but Im not sure when I will have time. 

 

@geowrian do you have any idea about this? 

[rp36 0]

nope,I didn't mention to Uscis ,That i filed for Divorce in APR-2012,and no interviews happened,I got my GC directly on OCT -7th 2013 .I was Keep on thinking about my marrige and my family constratints during that time.Since i have my own H1B i did't think much on GC.But since the GC came sddenly i am with GC .Since i cannot deny at tat moment .But i got stucked really with GC.

 

If i dot apply for citizenship now it wont be a problem.But can i bring the spouse from India on adding I-130 .Even when adding on I-130 ,USCIS will still quetsion about the dates that they  have issued .

 

I am really got stucked on this .Please hlep me on this.

 

Now i am planning to marry some one from India .But if i cannot add a spouse on I-130 again its a problem for me ,either I-130 or thru citizenship bring on Finacee visa or adding spouse .thru citizenship 

[Villanelle 4,122]

I asked another member (geowrain) to take a look at this thread. Please wait for him to review this. There are other members as well that should have input. It can take some tim @geowrian 

 

USCIS takes the position that it has a right to review the basis of a person’s application for permanent residence during the naturalization application process. Even if a person was issued a green card, and it was renewed without any issue (or if conditions on the green card were removed), USCIS may again look at the application for residence. If any issues or errors are discovered during this process, a USCIS officer may raise them during the naturalization interview or issue a Notice of Intent to Deny or Request for Additional Evidence after the interview.

 

Because you divorced on the same date your GC was issued- it may be a problem when they review it. 

 

Have you applied for citizenship (n400) yet or are you just thinking of doing it?

Edited September 9, 2018 by Damara