Notice to appear following N-400 appl- subject to section. 237/ section 240

[Kapsi 0]

Hello everyone,

I have been reading these forums and appreciate lots of the inputs given by the members on a daily basis.

My situation is as follows. I married my ex-wife while finishing my final year in college nearly 10 years ago. Filed for adjustments of status and everything went through ok based on all the proofs we provided. The conditional status was removed a year later or so with no difficulties.

Unfortunately, the marriage didn't last because of a lot of differencies that we had as a cuople and didn't realise until we got married.

Anyway, we both moved on and fast forward to 2014, I submitted my N-400 based on the 5 year rule and during the interview the officer said that I needed to be investigated for marriage fraud base on the fact that i did not live fulltime with my ex-wife when we were married. He explained that based on that alone, the USCIS can go after my green card and revoke it. He said that the other option is to do a sworn statement admitting that i did not reside in a marital union with her and go to a hearing to explain why. He also said that, since I do not have a criminal record of any kind, he doesn't see a reason why they would not allow me a relief and allow me apply again.

The only reason for not residing with my ex-wife is that, when we decided to get married, I was a 5th year senior in a top 20 Public University about to finish my degree in another part of the country while my wife held a great job in New York City. So I would most of the time commute to NYC to see her...We were planning on getting our lives toghether right after I graduated by that didn't materialise.

So, now I have to go to this hearing in which I will be given the opportunity to admit or deny any or all of the allegations in the Notice to Appear and that I am removable on the charges contained in the Notice to Appear.

The imput of anybody knowlegable about this issue will be greately appreciated.

Blessings

[Hypnos 6,576]

Find a good immigration attorney. It's not a requirement that a married couple live together, even if one of them is an alien with a green card obtained through that marriage. It's a red flag if they don't live together, but can be explained with supporting evidence such as one person being in school elsewhere, having employment elsewhere, etc.

Sign nothing and admit to nothing until you have at least consulted with an experienced immigration attorney.

Edited September 15, 2014 by Hypnos

[S_R 148]

I wish you had attended the interview with an experienced immigration attorney. Anyways, you need to get one asap.

[nareshgehi 1]

Your Case is much different, US immigration department send RFE most often, so dont try individually, consult the best AILA doctor to succeed.

[NuHere 6]

What kind of documents did you submit when you were going through your green card process? It seems that your situation was not an issue back then. What makes it an issue now?

Did you get divorced immediately after your condition was removed? That could be a red flag now.

Edited September 16, 2014 by NuHere