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jacob01

Came here under IR-1 and seperated

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Filed: Citizen (apr) Country: Brazil
Timeline
12 minutes ago, jacob01 said:

So if understand it correct (correct if I am wrong). It is the same as convicting someone of a crime. They have to prove that the marrige was entered in bad faith beyond reasonable doubt?

 

Since we separated so quickly I don't have a lot together besides a joint lease we signed together. Few months after I moved here. Will that suffice to prove my side of the story. Besides I have therapist I was seeing to help me cope with all of this and he can probably attest to the trauma I faced as a result of her affair.

You are worrying about an issue that has a very small chance of coming up at your citizenship interview way in the future.  For today, focus on the divorce and moving on with your life.  Of course, save a copy of the joint  lease and any other documents from the marriage in case they ask about the circumstances surrounding the quick separation after your arrival.  If that happens, provide the documents you have and hope for the best.  Worst case scenario, they will ask for more documents or deny your citizenship, but regardless you'll still be an LPR if you continue to satisfy the residency requirements.  The only way that could change is if in the citizenship process, they found evidence of marriage fraud, then you would have a chance to appeal in front of an immigration judge who would make a ruling, but as others have said this is very unlikely to happen so don't worry so much.  Good luck with your divorce and being happy!

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7 minutes ago, jacob01 said:

So if understand it correct (correct if I am wrong). It is the same as convicting someone of a crime. They have to prove that the marrige was entered in bad faith beyond reasonable doubt?

 

Since we separated so quickly I don't have a lot together besides a joint lease we signed together. Few months after I moved here. Will that suffice to prove my side of the story. Besides I have therapist I was seeing to help me cope with all of this and he can probably attest to the trauma I faced as a result of her affair.

It's not a criminal case (well, unless they had evidence of criminal marriage fraud). So it's not a burden of "beyond a reasonable doubt". But they do need to be able to substantiate any such claim. Failure to properly support any such claim is subject to appeal via court. As such, they don't go this route unless they have something that they think will hold against scrutiny. It's really for cases where there is clear and/or strong evidence that there was fraud...not something I would expect in most cases.

 

Just don't be too surprised in the event they ask for any evidence....hold on to whatever you have. The lease is fine to include if they ask about it.

I wouldn't worry too much about it, really. Hold on to what you have now, then just live your life.

Best wishes.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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3 hours ago, jacob01 said:

So they wont probe during the time of my citizenship interview and when i tell them we split after a month they wont think it is suspicious?

They might. They did with me. They wanted to see all my documents and I had to tell them my whole story. Which I truthfully did. I filed for citizenship under the 5 year rule. 

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46 minutes ago, little immigrant said:

They might. They did with me. They wanted to see all my documents and I had to tell them my whole story. Which I truthfully did. I filed for citizenship under the 5 year rule. 

 

How long were you married and how much documentation did you have to produce?

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7 hours ago, jacob01 said:

 

How long were you married and how much documentation did you have to produce?

I was married for 5 years with the 5th anniversary being in divorce proceedings. 

 

I had to show them my divorce certificate and my new marriage certificate because I had remarried.

 

I had to recount every move since the separation of my US citizen husband and they tried to trap me in a lie by saying: did you lie when you said... I calmly stayed collected and told her that I didn't lie and asked for a moment to remember the details and they allowed it. Then I told them how it was. I was very firm and truthful about everything. I even told them that my husband is undocumented and that I'll apply for his Green card once I'm a citizen. I hid nothing from them. 

 

My husband has a green card now. 

Edited by little immigrant
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9 hours ago, little immigrant said:

I was married for 5 years with the 5th anniversary being in divorce proceedings. 

 

I had to show them my divorce certificate and my new marriage certificate because I had remarried.

 

I had to recount every move since the separation of my US citizen husband and they tried to trap me in a lie by saying: did you lie when you said... I calmly stayed collected and told her that I didn't lie and asked for a moment to remember the details and they allowed it. Then I told them how it was. I was very firm and truthful about everything. I even told them that my husband is undocumented and that I'll apply for his Green card once I'm a citizen. I hid nothing from them. 

 

My husband has a green card now. 

 

Oh wow did you have a lawyer to assist you? do you think the fact that you were remarried to an undocumented immigrant trigger questions about your marriage?

 

Also besides your divorce certificate were you asked to produce any more documents or anything to show ties in your first marriage? This is more my worry. I do have lease we signed together and that is it.

 

Also Congrats on your husbands green Card!

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