martha783

And this has everything to do with safety not retaliation as I’ve already explained.

Yeah, it’s clear you don’t know much about DV, and that’s okay. I came for immigration info, but there is a strong connection legally. Specifically, if you are arrested for violating a protective order, that is a deportable offense. Therefore, be will not violate the order while he is not a USCit. The order prevents him from contacting me or my family or coming within 500 feet of us. After he naturalizes, he can violate the order, and it’s essentially no big deal legally to have that arrest on his record. As to the delay, I was referring to domestic violence injunction legal proceedings. Not the actual violence. I believe he has been advised to delay the final injunction hearing, so it will not be entered against him (a final injunction would be a potential indication he does not pass the moral character test) and therefore also delay divorce, so that he can naturalize asap. I’m sure he hasn’t been advised to break the law rather “beat the clock” legally. If that even is legal, which I understand you’re saying it’s not because we no longer live together even though we did when he applied after 3 years.

I don’t know for sure. I know he’s consulting with the most expensive immigration lawyer in Miami, and per his advice delaying the domestic violence and divorce proceedings for additional months. I am just guessing his motivation is to complete naturalization.

Seems of odd to say he’s committing fraud based on our marriage, but assume my interest in reporting that would be revenge. In fact, I can’t move or “cut ties” because this was a 12-year marriage with 4 children, so a protective order is the only reason I can be no contact with him. As I already mentioned, I know the only reason he is obeying the protection order currently (i.e., not currently causing our children and I further abuse that could escalate to lethality) is because he fears even a minor arrest violation. As soon as he’s naturalized, that becomes a piece of paper with very little power since violators are usually arrested but face no other legal consequences. Delaying his naturalization another couple of years could literally save our lives by keeping him away from us and avoiding him escalating until he’s cooled down and moved on. My friend, an immigration attorney but not my attorney, just told me if he’s already fulfilled the 3 years living with me (which he did), and we’re legally married at oath, he’s in a gray area but not fraudulent if they don’t ask him about it. I thought you still had to be living in marital union at time of oath, but I guess that’s not in the law.

There is no pending 751, and I've been told in N-400 interviews they don't even ALLOW the spouse present, sometimes not even in the waiting room. And he will have copy of marriage certificate and my passport.

My understanding is they don’t care if I don’t show for interview. My presence is optional. I’m sure he filed change of address, but I didn’t change addresses, and they don’t know we’re not together. The sooner he naturalizes, the sooner he violates the protective order. He’s only afraid now because of his residency. Does anyone actually sue for the I-864 obligation? He won’t get public benefits in Florida.

My spouse has GC acquired based on my petition. He’s a long-term repeat physical abuser, but I only recently reported and got protective order, so we are separated. He has a pending N-400 he filed after 3 years of residency (pending since May). I don’t want him to be able to go the interview and get citizenship based on marriage to me when I am trying to file for divorce as soon as possible financially (he’s not supporting me financially — I just mean legal fees). He should have to find his own path toward citizenship given he only has the green card because I didn’t report his abuse. Is there anything I can do to report to USCIS, so they don’t base his interview on a marriage he isn’t really in?