N400 Application and my life here

[MtnLyf 3]

I just applied for N400/Naturalization based on my 5 yr residency. Eventhough I am still married to my husband who petitioned me to come  here in the USA with K1 visa. My question is, if i file for a divorce will it affect my Naturalization application? Here is a lil summary of my life here n the US.

Please don't judge me, I love my husband with all my heart. I gave up my life, left my parents , carrier and everything back home 5 yrs ago to be with him here. But ever since i moved to the US ,things changed. the physical abuse started. I had to call the authorities 2x on him and the 2nd one from about 4 yrs ago was bad. He went to jail due to domestic violence, Since we have a child together i decided to forgive him went on marital counselling etc. The physical abuse did not happen again but mental abuse continued.The fear of him hurting me when we have disagreement is still there, to the point i will sleep in the couch just to avoid conflict. To the point that he would make me question my self, doubt about my self, and lost my self confidence. A yr ago he quit his job less than a yr after we bought our house, He  stayed home while i work 5 days a week and would do some sideline business during the weekend and days off by cooking and baking to support the bills and the family, until covid hit. I had no choice but to apply for medicaid and food stamps , bec we have mortgage to pay, i started using my credit cards just go be able to keep our house to have a place to live. The benefit that i received was for my husband and children. I  was not qualified because when i applied back then I don't have my 5 yr residency yet. 

 About few months ago he decided to enroll himself into college to get a certificate , he never told me anything about it that he was serious about going back to school, i begged him not to because financially we are not ready. But he did it anyway. I was shocked and i told him honestly that it was unfair.(Don't get me wrong. I truly believe education is great , but i wished he have told me and communicated it well with me)  He continued and told me that school is good and that it is not a big deal that he went back to school without telling me. I took it, i took it hard and still i kept on going. The pain is there, and i honestly told him I could not accept what happened but i still love him. Which hurts the most . He said he would be done by spring 2021. Until he then decided he will keep on going to get an Associates degree and eventually Bachelors degree. I was shocked again. It truly shows the lack of communication. Which is our main issue, he is the type that would walk out if i start talking to him about our marriage. SO now i finally have my last stretch and last drip of patience with this.

My question to you fellow VJ, since the fear of him hurting me again since don;t get along should I leave and file for a divorce? IS my N400 application compromised and can possible get denied because I also applied for food stamps and medicaid for my family. I am the applicant but my kids and husband are the one receiving benefits.

Should I give my husband another chance? Every time i give him a chance he will never talk about what happened, he does not ask for an apology. He would just say i am being irrelevant, or we were stress about some things.

Thank you

[Lucky2Lucky 2,526]

Filing based on the 5 year rule has no connection to your marriage status. It doesn’t matter if you are single or divorced you qualify (pending you meet the residency requirements) for N400 based on a 5 year LPR

 

It sounds like you know what you need to do regarding your relationship. Why stay in an abusive relationship and put the kids through that?!? Find a family lawyer, divorce and move on. It has no bearing on your immigration status.

Edited September 15, 2020 by Luckycuds

[Dashinka 24,513]

I agree with @Luckycuds as to no impact to your N400 application since you are applying under the 5 year rule.

 

As to should you give your husband another chance, only you can answer that question, but given what you described, it sounds like you are walking on a lot of eggshells, and the situation does not appear to be changing.  I again agree with @Luckycuds, find yourself a good family/divorce lawyer.

 

Good Luck!

[MtnLyf 3]

13 hours ago, Luckycuds said:

Filing based on the 5 year rule has no connection to your marriage status. It doesn’t matter if you are single or divorced you qualify (pending you meet the residency requirements) for N400 based on a 5 year LPR

 

It sounds like you know what you need to do regarding your relationship. Why stay in an abusive relationship and put the kids through that?!? Find a family lawyer, divorce and move on. It has no bearing on your immigration status.

Thank you for your input. Yes i am working on finding a lawyer to know my rights.

11 hours ago, Dashinka said:

I agree with @Luckycuds as to no impact to your N400 application since you are applying under the 5 year rule.

 

As to should you give your husband another chance, only you can answer that question, but given what you described, it sounds like you are walking on a lot of eggshells, and the situation does not appear to be changing.  I again agree with @Luckycuds, find yourself a good family/divorce lawyer.

 

Good Luck!

Dashinka, thank you.  

[MtnLyf 3]

On 9/15/2020 at 4:12 AM, Luckycuds said:

Filing based on the 5 year rule has no connection to your marriage status. It doesn’t matter if you are single or divorced you qualify (pending you meet the residency requirements) for N400 based on a 5 year LPR

 

It sounds like you know what you need to do regarding your relationship. Why stay in an abusive relationship and put the kids through that?!? Find a family lawyer, divorce and move on. It has no bearing on your immigration 

How about receiving food stamps for my children,  i applied it and have been receiving benefits for almost a yr now. Will it affect my citizenship application? Thank you 

[Lucky2Lucky 2,526]

1 hour ago, MtnLyf said:

How about receiving food stamps for my children,  i applied it and have been receiving benefits for almost a yr now. Will it affect my citizenship application? Thank you 

Yes, food stamps(SNAP) are considered a public charge- are your children US citizens? If they are; they are allowed to receive SNAP but I'm not exactly sure how it works because I would imagine you guys qualify as a household- you and the children- and not the children alone. At the end of the day though you need to do what is best for your children. Even if that means getting SNAP benefits and not applying for citizenship (IMO)

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

[ioxtremod 23]

Actually I think being a public charge has no bearing on a n-400 application? As soon as there is no fraud.

[slee0000 13]

On 9/16/2020 at 11:21 AM, Luckycuds said:

Yes, food stamps(SNAP) are considered a public charge- are your children US citizens? If they are; they are allowed to receive SNAP but I'm not exactly sure how it works because I would imagine you guys qualify as a household- you and the children- and not the children alone. At the end of the day though you need to do what is best for your children. Even if that means getting SNAP benefits and not applying for citizenship (IMO)

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Hi there, 

Can I ask why receiving SNAP would affect citizenship? 

Then, would receiving unemployment benefit (due to COVID19) also affect applying for citizenship?

[Lucky2Lucky 2,526]

8 minutes ago, slee0000 said:

Hi there, 

Can I ask why receiving SNAP would affect citizenship? 

Then, would receiving unemployment benefit (due to COVID19) also affect applying for citizenship?

SNAP is a federally funded benefit- paid by tax payers. Unemployment benefits are paid by the employer (not taxpayers) 

[slee0000 13]

Just now, Luckycuds said:

SNAP is a federally funded benefit- paid by tax payers. Unemployment benefits are paid by the employer (not taxpayers) 

Ah that's right. 

Thanks, Luckycuds!

[millefleur 5,046]

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