Should I apply for citizenship?

[Rebuilt 9]

Hello everyone. It's been a minute since I came to this forum years ago at my darkest hour. I (LPR) was abandoned by my then husband (USC) in my country. Unbeknownst to me, I had all numbers to have my residence revoked after having been out of the States for a few years (again, due in part to my own ignorance and utmost naivety, and for the most part because the way my husband had always led me to believe that my GC, associated to our marriage, was some sort of "passport" for non citizens); he is also a veteran suffering from PTSD (which I also acquired, and his abandonment magnified 100x). 

 

So here's the timeline:

 

PRC granted in 2005

 

2005-2010 we live here; the more I look back, the more mental abuse and manipulation I can identify from the get go. But he never laid a hand on me. I won't go into specifics, out of respect.

 

2010 we go to my country for several reasons, mainly to take a breath of fresh air, and see if he can get some help (I didn't even know that such a thing as the VA existed, and anytime I would ask him anything related to his service, separation, or any kind of pension after so many years of service, he'd just demand to stop nagging him about. I never knew a thing about military benefits) The man had never worked a single quarter upon his discharge, and we were living in abject poverty.

 

2010-2014 were catastrophic in every sense of the world: abject poverty never ended, living off the charity of my parents, husband cannot find any reason to live, several deaths and other disgraces, and I'm trying to cope with everything. But always trusted in him, in us.

 

2014 he gets in touch with one of his buddies who works at the VA, and offers to help him with his benefits. We agree he'll go first and get things settled (buddy lived in a one bedroom apartment, so husband has to sleep in the couch), get a job and a bigger apartment, and I would join him afterwards. So things go like that for an entire year, we had our chats like husband and wife, he tells me about his treatment, about his job, he shows me trucks that he wants to buy for me, sends me flowers for our 10th wedding anniversary.

 

2015 One day, he starts becoming more distant and at some point cuts communication all together. He had been involved with a mistress and is moving into her house. The mental trauma caused by this sudden shock is something that I haven't been able to overcome, and I don't know if I ever will. So there I am, in complete desperation, not knowing what to do, not being able to even tell friend from foe. Read something about the returning resident visa, and immediately went to the Embassy. Explained what happened, the officer looked at me with disdain, didn't even look at the papers, and immediately denied it. I felt the world crumbling at my feet at that moment.

 

By the grace of God and the good people who encouraged me to not give up and board a plane, I did. Landed, entered without questions other than: "how did you get your GC?" By marriage to a Veteran. "Veteran of what? Army. "God bless you M'am". That was it. It happened.

 

I have been living here since then; got several jobs, my DL, renewed my GC for another several years with no fuss, and have traveled outside 4 times for periods 2-4 weeks at most. Reentered each time with no problem, paid my taxes, have my own place. Divorce was final by 2017.

 

I have really rebuilt myself, and keep doing so each day.

 

What are your thoughts on prospective citizenship?

 

[Mike E 11,741]

34 minutes ago, Rebuilt said:

What are your thoughts on prospective citizenship?

File for citizenship 5 years plus a day after you moved back to the USA and you have 5 years of tax transcripts. 
 

Congratulations on rebuilding your life here.  

Edited January 2, 2023 by Mike E

[Rebuilt 9]

1 minute ago, Mike E said:

File for citizenship 5 years plus a day after your returned to the USA and you have 5 years of tax transcripts. 
 

Congratulations on rebuilding your life here.  

Thank you very much Mike, it truly has been a journey! Several things though:

 

I want to file all past tax returns (even if we weren't required to do so) to be compliant with the question: "have you EVER failed to file a tax return since becoming a PR?" I owe $0 as of right now, I called the IRS years ago explaining the situation, told them there wasn't any income to report, and they said that I didn't need to file them. So far I have reported every penny for the past years, and I am fully aware of not having ever "failed" to do so, but I also want to try to avoid uncomfortable questions and reply truthfully. Would this be a red flag to submit all of those past unfiled years now? And how do I go about it, since my husband and I were married at the time, but now we are divorced?

[Mike E 11,741]

6 minutes ago, Rebuilt said:

Would this be a red flag to submit all of those past unfiled years now?

No.  

6 minutes ago, Rebuilt said:

And how do I go about it, since my husband and I were married at the time, but now we are divorced?

File as married filing separately. 

[Rebuilt 9]

12 minutes ago, Mike E said:

No.  

File as married filing separately. 

To be totally honest with you, I truly believe in a miracle at this point. It just seems as if I had never left the country. Like that SB visa that was denied just vanished into thin air. On the other hand, in the divorce decree states very clearly the facts and grounds that led to the divorce, exactly as I'm doing here: we agreed that he'll go first, settle things down, and I will join him upon completion of my studies, keep the relationship going long distance, then all of a sudden he cuts everything off and I don't see him anymore. I feel like this nightmare is following me wherever I go. Doesn't mention any foreign country, but it mentions that separation. Where was him? Where was I? Wouldn't it raise this type of questions? Or the Officers just care about me showing proof of divorce, without going through the whole decree? This really scares me.

 

The more reason to file all of those past returns I think, so I can truthfully answer NO, I have never ever failed to file.

Edited January 2, 2023 by Rebuilt

[Rebuilt 9]

I just want to make sure I don't blow it, this is very important to me on a personal level, not only for the perks we all know. This is home to me, I came to this country full of hopes and illusions that turned into a perpetual anguish, abuse, and shattered dreams, but it's also the country that has allowed me to recover and make a truthful and worthy life, and to heal. I am trauma bonded here, but I am also immensely grateful for having been given this second chance. There seriously isn't any other place in the world I would fight for. This is my home.

[OldUser 7,011]

You can apply under 5 year rule if you meet continuous residence and physical presence requirements.

[Rebuilt 9]

2 minutes ago, OldUser said:

You can apply under 5 year rule if you meet continuous residence and physical presence requirements.

I most certainly do. Like I said, a couple trips of 2-3 weeks to visit my family, and that's it. And a work history that I can narrow down to the very day, and very extensive since I have done lots of different jobs. I just don't want the old issue to come up. 

 

Also, the passport I have still have that 2015 stamp of my otherwise seamless reentry after so long. It will expire soon. That's the year I found out about my husband's abandonment. I don't know if that matters much.

[SteveInBostonI130 3,471]

1 hour ago, Rebuilt said:

To be totally honest with you, I truly believe in a miracle at this point. It just seems as if I had never left the country. Like that SB visa that was denied just vanished into thin air. On the other hand, in the divorce decree states very clearly the facts and grounds that led to the divorce, exactly as I'm doing here: we agreed that he'll go first, settle things down, and I will join him upon completion of my studies, keep the relationship going long distance, then all of a sudden he cuts everything off and I don't see him anymore. I feel like this nightmare is following me wherever I go. Doesn't mention any foreign country, but it mentions that separation. Where was him? Where was I? Wouldn't it raise this type of questions? Or the Officers just care about me showing proof of divorce, without going through the whole decree? This really scares me.

 

The more reason to file all of those past returns I think, so I can truthfully answer NO, I have never ever failed to file.

 

Not relevant.  Just need to prove that marriage was entered in good faith, and it seems that was the case.  Details of the divorce should not matter.

[EmilyW 1,476]

You've gotten some great advice.  As someone else who loves this country, and the opportunities it has opened for me, I wish you well in your journey to citizenship.  That moment, when you take the oath is highly emotional: it's a commemoration of a journey few take (moving countries) and one that should always be celebrated.  I bawled like a baby, as did many around me.

[Nat&Amy 623]

13 hours ago, Rebuilt said:

I most certainly do. Like I said, a couple trips of 2-3 weeks to visit my family, and that's it. And a work history that I can narrow down to the very day, and very extensive since I have done lots of different jobs. I just don't want the old issue to come up. 

As someone who recently had my citizenship interview, I can tell you that they were not only interested in my life post marriage, but in all my previous visas and visits to the United States - like, all of them, from much before I even met my now wife. I applied under the 3 year rule, so from what I gather those cases tend to receive more scrutiny than 5 year based ones, but even so, they are still allowed to ask about travel and visa history, as well as anything else they might want to. And if they do, be honest and succinct. You do not need to go into detail unless asked but always, always answer truthfully.

[Rebuilt 9]

3 minutes ago, Nat&Amy said:

As someone who recently had my citizenship interview, I can tell you that they were not only interested in my life post marriage, but in all my previous visas and visits to the United States - like, all of them, from much before I even met my now wife. I applied under the 3 year rule, so from what I gather those cases tend to receive more scrutiny than 5 year based ones, but even so, they are still allowed to ask about travel and visa history, as well as anything else they might want to. And if they do, be honest and succinct. You do not need to go into detail unless asked but always, always answer truthfully.

And that's my biggest fear, those questions. We were outside for almost 5 years. That fact, and the danger that poses to my status here, is what has been and continues to give me sleepless nights, anxiety, and nightmares. I thought they would only inquire for the past 5 years

[Rebuilt 9]

55 minutes ago, EmilyW said:

You've gotten some great advice.  As someone else who loves this country, and the opportunities it has opened for me, I wish you well in your journey to citizenship.  That moment, when you take the oath is highly emotional: it's a commemoration of a journey few take (moving countries) and one that should always be celebrated.  I bawled like a baby, as did many around me.

I know, and I have no words to appreciate everything that the members of this forum have done. The US is my home, I have accomplished things I could have never thought possible, all of it on my own, without anybody abusing my trust and sucking the life out of me, as that individual did, not to mention other things. I just want to feel safe and secure here, but I am so afraid about taking this last step. It's all or nothing on this one you know.

[Nat&Amy 623]

23 minutes ago, Rebuilt said:

And that's my biggest fear, those questions. We were outside for almost 5 years. That fact, and the danger that poses to my status here, is what has been and continues to give me sleepless nights, anxiety, and nightmares. I thought they would only inquire for the past 5 years

The question about your absence might never come up, but in case it does, you need to be prepared to answer. I can see it is a difficult and traumatic experience for you but remember, much of what happened was beyond your control and CBP let you in (after your truthful answers to their questions). It is not like you re-entered the country illegally or misrepresented yourself, so take a deep breath and be confident. You will be fine!

[OldUser 7,011]

17 minutes ago, Rebuilt said:

I just want to feel safe and secure here, but I am so afraid about taking this last step. It's all or nothing on this one you know.

The lookback is usually 5 years to determine eligibility for naturalization. If you've been back now for 6-7 years, this should not be an issue at all. Make sure to have evidence of your marital status, e.g. marriage certificate, divorce decree etc. Don't volunteer any of this information or paperwork during interview, unless asked to.

 

You can also look into hiring an attorney to represent you and go to the interview with you if that makes you feel more secure. Your case doesn't require an attorney by the looks of it, but it never hurts.