Be Accused Marriage Fraud While Waiting for N-400 Interview

[lck 0]

Hi all,

I am a marriage-based 10-year green card holder. I am currently waiting for my N-400 naturalization interview after finishing my fingerprint appointment in mid July. However, after a couple of terrible arguments this summer, my spouse filed a lawsuit against me and claimed that our marriage is a fraud and I induced her to marriage for immigration, which are totally false and unfair accusations. We've been married for 3.5 years, and now she wants to either annual the marriage or divorce. It's been 4 months since I moved out from our house, but my mailing address and all of my belongings are still in our house. Since the final judge doesn't seem to come that soon, should I continue the N-400 process and explain the situation to the interview officer or withdraw my case? Any ideas? Thank you very much.

[Chardon Ne' 71]

Hi all,

I am a marriage-based 10-year green card holder. I am currently waiting for my N-400 naturalization interview after finishing my fingerprint appointment in mid July. However, after a couple of terrible arguments this summer, my spouse filed a lawsuit against me and claimed that our marriage is a fraud and I induced her to marriage for immigration, which are totally false and unfair accusations. We've been married for 3.5 years, and now she wants to either annual the marriage or divorce. It's been 4 months since I moved out from our house, but my mailing address and all of my belongings are still in our house. Since the final judge doesn't seem to come that soon, should I continue the N-400 process and explain the situation to the interview officer or withdraw my case? Any ideas? Thank you very much.

I would say yes. An accusation is just that. A person can say anything in a petition. The judge will hear both sides and make the final decision. She would have to prove that is the case against your evidence/testimony that shows otherwise. Submit the change of address form on USCIS website. Just do what you have to do for you and follow the law and notify USCIS of your current residence.

[lck 0]

Hi Newbie,

Thank you for your suggestion. What I am worried about is that the interview officer may ask about the lawsuit and whether if my spouse and I still "really" live together. Although our mailing addresses are still the same and the divorce or annulment is still in the very beginning of the process, I wonder if the USICS officer would doubt my eligibility to file naturalization on the marriage basis.

[Kastrs 723]

Based on the situation you have described you are not eligible for marriage based naturalization. You can reapply at 5 years.

[Chardon Ne' 71]

Hi Newbie,

Thank you for your suggestion. What I am worried about is that the interview officer may ask about the lawsuit and whether if my spouse and I still "really" live together. Although our mailing addresses are still the same and the divorce or annulment is still in the very beginning of the process, I wonder if the USICS officer would doubt my eligibility to file naturalization on the marriage basis.

That is why I am suggesting that you do a change of address before you go. I feel as long as you do that they will not feel that you are being dishonest. After two years you probably will not have any conditions on your green card status therefore I do not think they will just rescind it because you are getting a divorce. 50% of all marriages in the US end in divorce. It is more about your life here as an lpr. As long as you have been paying your taxes, gainfully employed etc. I think those things will matter more. Just update your address as is required. Divorces can be nasty and in some states you cant just leave if you are unhappy. There has to be grounds for divorce. She may just be trying to go around that. After 3.5 years, it will be difficult for her to prove that you married her out of deception, especially if you were able to previously prove a bonafide marriage which is why you have a GC. Just my opinion though.

[Chardon Ne' 71]

Based on the situation you have described you are not eligible for marriage based naturalization. You can reapply at 5 years.

It may be true however I would keep the appointment and let them tell me that. This USCIS stuff is strange because it is based on human perception of things, so what may be true for some may not be true for others even in the same or similar situations. Do you agree? He already did the fingerprints so the appointment is in process. I would just change the address as is required and go from there.

[Chardon Ne' 71]

Based on the situation you have described you are not eligible for marriage based naturalization. You can reapply at 5 years.

Looks like you are correct

Divorce or Annulment​

​

A person’s marital status may be terminated by a judicial divorce or by an annulment.​ ​A divorce or annulment breaks the marital relationship. ​The applicant is no longer the spouse of a U.S. citizen if the marriage is terminated by ​a divorce or annulment​. ​Accordingly, such​ a​n applicant ​is in​eligible​ to naturalize​ as the spouse of a U.S. citizen if ​the ​divorce or annulment​ occur​s​ before or after the ​naturalization application is filed​.​ [24] ​

​

The result of annulment is to declare a marriage nul​l and void from its inception. ​An annulment is usually retroactive, meaning that ​the marriage ​is considered to ​be invalid from the beginning. ​A court's jurisdiction to grant ​an annulment​ is set forth in the various divorce statutes and​ ​generally ​r​equires residence or domicile of the​ parties in that jurisdiction.​When a marriage has been annulled, it is documented by a court order or decree.​ ​

​

In contrast, the effect of a judicial divorce is to terminate the status as of the date on which the court entered the final decree of divorce. ​When a marriage is terminated by divorce, the termination is entered by the court ​with jurisdiction ​and is documented by a copy of the final divorce decree.​ USCIS determines ​the validity of a divorce by examining whether the ​state or country which granted the divorce ​properly assumed jurisdiction over the divorce proceeding.​ [25] ​USCIS ​also determines whether ​the parties follow​ed​ the proper legal formalities required by the state or country in which the divorce was obtained to determine if the divorce is legally binding.​ [26] ​In all cases, the divorce must be final.​

​

An applicant’s ineligibility ​for naturalization as the spouse of a U.S. citizen ​due to ​the ​death of​ the citizen spouse​ or ​to ​divorce is not cured ​by the​ subsequent marriage to another U.S. citizen. ​

​

[Hypnos 6,576]

To file under the three year rule you need to be living in the same residence in a true marital union with your US citizen spouse.

By your own admission you've moved out, therefore you are no longer living in the same residence, and so aren't eligible to file under the three year rule.

The proper course of action would be to withdraw your pending N-400 and then re-file once you have been an LPR for five years.

[lck 0]

Hi all,

I greatly appreciate your kind advices and input. This sudden change of my relationship with my spouse and our marriage is very painful. I not only have lots of questions about my marriage but also my immigration situation. I'm really glad to have your helpful information. After looking up the rules/policies you mentioned in this thread, I'm wondering the possibilities to have the officer approve my 3-year marriage based naturalization if I go to the interview. The following are the reasons.

1. The divorce judge is not final yet and the lawsuit could be withdrew.

2. My spouse and I are not in the Legal Separation status, which doesn't satisfy Sec. 319.1 (b)(2)(ii)(A). Instead, we are in the Informal Separation, Sec. 319.1 (b)(2)(ii)(B), which is suggested to be evaluated on a case-by-case basis. And the belongings I left in our house, not-yet-changed address, and occasional visits to our house are some of the ways that show my willingness to keep this marriage.

3. Most importantly, to be honest, I've never thought about divorcing with her, and I am trying to have her go to a marriage consultation with me.

Any ideas? Thank you again.

Ref:

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-31517/0-0-0-31522.html#0-0-0-19835

Edited October 27, 2016 by lck

[agrabs 237]

It may be true however I would keep the appointment and let them tell me that. This USCIS stuff is strange because it is based on human perception of things, so what may be true for some may not be true for others even in the same or similar situations. Do you agree? He already did the fingerprints so the appointment is in process. I would just change the address as is required and go from there.

This is incorrect. You are not eligible to file under the 3 year rule. At the interview they will go through your application page by page and ask if anything has changed. The notice you will receive with your interview appointment date has a page with it that is to be completed and brought to the interview. and one of the questions you must answer is if you or your spouse has filed for divorce since submitting the application. You should withdraw your pending N-400 and then re-file once you have been an LPR for five years.

[lck 0]

Even though

1. the divorce/annulment is not finalized yet,

2. we are not in the Legal Separation but Informal Separation status, which is suggested to be evaluated on a case-by-case basis based on Sec. 319.1 (b)(2)(ii)(B), and

3. I show supportive materials during the interview to support my willingness and the efforts I put to avoid the dissolution of our marriage,

I'll definitely be considered to be ineligible for the 3-yr marriage based naturalization once

1. I checked the "has filed for divorce since submitting the application" box on the interview notice, and

2. I explained my current situation to the interviewer?

[Anitafeliz 1,133]

You cannot file under 3 yr rule as stated several times.

&

Edited October 28, 2016 by Anitafeliz

[Hanane S 4]

As long as you were clean from any kind of crimes or domestic violence . Or you never been handcuffed and your behavior was excellent during those years you lived in the states and also you were paying your taxes and have a fair job.. there is nothing to fear at all.. the law of the immigration is by your side.. the only thing you need is you have to wait an extra 2 years .. since you already waiting for your interview.. you can not skip it you need to show up then explain your situation . And they will approve you or ask you to reapply .. Good luck with your naturalization...

[Hanane S 4]

Well .. wish you all the best .. and happy ending...

[Ash.1101 1,755]

mimolicious, please calm down. I am not here to piss off anybody, waste people's time to answer my questions, or suggest a method to find loopholes. As a new immigrant, I apologize that maybe my English is not good enough to allow me clearly express myself. As a failed husband, I didn't completely explain my marriage and family situations because I tried to focus on the essential issues rather then the non-immigration issues here.

One of the primary reason I tried to be naturalized asap is that I may have to quit my job and stay abroad for 6+ or even 12+ months in order to take care of my parent, who was diagnosed to have late-stage cancer this summer. I don't know how long that will be and whether if she could recover, or not. But as an only child in my family, it's part of my responsibility to do it for her. And this is one of the issues that my spouse and I argued about. I don't want to complain about her because I can understand her feelings, and I still love her and wanna fix our marriage.

Thus, the best option for me at this moment is to repair my marriage and also be naturalized. Besides that, I can hardly think of any solutions for my current situation. I don't expect every individuals to understand or accept my thoughts and intentions for finding ways to be naturalized, because culture differs, personality differs, and thought differs. But, is it too much to ask for having a good marriage with my spouse and my parents in the mean time?

Honestly, while your story may move people here, it doesn't really matter to USCIS. Separating is Separating. Divorced is Divorced.

Your english is fine, and you're not that new of an immigrant. You've done your research to know how and when to apply for naturalization. There are people here who don't know that a green card isn't a visa or that they're suppose to ROC 9 months before 2yr GC expiration. You know leaving for 6+ months could jeopardize your GC, while some people take off and don't understand why they can't get back in. While you may be in a stressful time, pleading ignorance doesn't help.

Divorcing is divorcing no matter what the reasons, and when you're trying to apply for something based on marriage when you no longer live in the marital home, you are separated. Some states don't even have legal separation, the date of separation may be declared on the divorce decree, but the whole, well we're not separated ENOUGH doesn't really fly. If you're moving out of the house, regardless of where your mail goes or where you left your things doesn't change you live elsewhere. Mind you, you should have notified USCIS of the moving. You are not physically living in the same address anymore, and you are suppose to report that to USCIS.

You are correct though, the best option is to repair your marriage, but honestly since apparently one of the things you're arguing about is you leaving to help your family member, it may be hard. Clearly your wife doesn't want you to leave and the only reason you're going for naturalization is SO you can leave, it doesn't look like there's that much resolution to BOTH of those problems aside from NOT leaving and staying home..

Try to do what ever you can to fix your relationship AND GET THE DIVORCE CASE RESOLVED, and then continue on with Naturalization if that's what you want to do.

Don't get me wrong, I hope everything works out for you. But I do think that you need to literally pick between being naturalized and staying with your wife and going back home to your family members who need your help. I don't see you getting both of those without getting your wife to agree to letting you leave for such a long time.

If it were me, I'd stay with my husband. I chose him to be my family, stick with him through thick and thin, but I wouldn't want to end up losing TWO people over this. The ill family member AND my spouse.

My husband said that if this was the case for him, he wouldn't ever leave for that long. He'd want me to come with him and visit the dying family member to see them before they passed, but never risk the relationship over it.

Edited October 28, 2016 by Ash.1101