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Posted

Naturalization under the 5 year rule is not dependent upon a marriage.

At the same time, USCIS can review the entire immigration history and determine if they gained permanent residency improperly, or via fraud or misrepresentation. I'm not suggesting they will even carer in your specific case or not, but it's not unheard of for them to ask about the marriage for which you obtained status, or any documents in support of it that you can find.

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

 

Posted

He slammed your head against a wall and you didn’t call the police? He needs to be stopped before he does that again. You really should have called the police. He can’t have you deported. He can’t do anything to your status. But heck knows what he will do physically to the next woman he encounters unless a stop is put to it. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted
On 7/21/2020 at 4:20 AM, babyblue22 said:

A month later he begged me to come back and stupidly I went back and believed him when he said he won't do that again, but a few days later the verbal abuse started again and I realized that when he gets mad he has no boundaries and he is acting like a wild animal.

I left again. now I want to file for a divorce.

If the contact you had was by text or email (or other permanent form you can save) then keep it as evidence. If your marriage was a fraud you wouldn't return to him - you'd have gone as soon as you could and never returned.

 

Its an obviously response of a spouse who has sponsored you (at some expense) to cry fraud when the marriage doesn't work. I'm sure USCIS see it all the time. If he wants to show fraud he's going to have to do better with evidence than just the short duration of the marriage.

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

 

-- Citizenship --
Filed Online: 21 Feb 2020
NOA1 (Online): 22 Feb 2020
Biometrics: 10 Mar 2020

Interview: 29 Jul 2020 (Approved - Oath taken immediately due to covid19)

Posted

If GC obtained through marriage then marriage questions always going to scrutinized. I was married for 14 years 2 kids from the marriage but i was asked many questions regards to marriage. However my situation was little different I got married during removal procedure.

 

anyway even your marriage may not be consider as a fraud but the current situation is hinting automatically red flags. 

other day I saw post on Avvo that this dude applied for N400 after 10 years But uscis placed him removal proceeding after interview and later got deported for fraud marriage. 

 

Anyway in the end it always burden on proof on the government but same time you need to prepare as well just in case if it comes to that point hopefully not.

Posted
1 hour ago, kkalan2 said:

If GC obtained through marriage then marriage questions always going to scrutinized. I was married for 14 years 2 kids from the marriage but i was asked many questions regards to marriage. However my situation was little different I got married during removal procedure.

 

anyway even your marriage may not be consider as a fraud but the current situation is hinting automatically red flags. 

other day I saw post on Avvo that this dude applied for N400 after 10 years But uscis placed him removal proceeding after interview and later got deported for fraud marriage. 

 

Anyway in the end it always burden on proof on the government but same time you need to prepare as well just in case if it comes to that point hopefully not.

I actually saw a post on Avvo that I think is the same one you saw and there were a bunch of other issues there 

Filed: Citizen (apr) Country: Russia
Timeline
Posted (edited)

**One derailing post and reply removed; please answer respectfully and refrain from needless argument or admin action will be taken**

 

VJ Moderation

Edited by millefleur

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
Posted
On ‎7‎/‎21‎/‎2020 at 3:20 AM, babyblue22 said:

I received my 10 year green card 6 months ago (that's when I entered the country)

We never lived together before and after moving in together my husband became very abusive mostly verbally, every little argument triggered him calling me names.

about a month after I arrived he slammed my head against the wall, I took my stuff that night and went to stay with my friend. I didn't call the police, I just left.

This made him very angry and he said he will do everything to deport me, That same moment I changed the address on the USCIS website and I received my 10 year GC at my friends address.

A month later he begged me to come back and stupidly I went back and believed him when he said he won't do that again, but a few days later the verbal abuse started again and I realized that when he gets mad he has no boundaries and he is acting like a wild animal.

I left again. now I want to file for a divorce.

he is saying he will report me for fraud and that the USCIS will investigate me and deport me, he said that the fact that I left so fast will help his claim that this was fraud.

I am wondering what will happen 5 years from now when I apply for naturalization? will they investigate me because I changed the address one month after I arrived? will they deny me? if he report me, will I get into trouble?   

 

 

Apply after 5 years. You will be fine. Keep all evidence and the divorce paper. Enjoy your life in peace

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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