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Erin B

My husband was denied citizenship due to "lack of moral character" and the fact that he was "inadmissable as a legal resident"

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My husband and I met in April 2008, he was recently separated from his wife (they had only been married for 4 months). They filed officially for divorce in late 2008. In Dec 2008 he withdrew his petition for citizenship under her name. We ended up marrying in July 2009 (I was pregnant at the time) and he was granted permanant resident status in June 2010. He went through the green card process with no issues, we have now been married almost 6 years. He applied for citizenship last year and was recently denied based on "lack of moral character" and the fact that "he was inadmissable at the time he was admitted to the US for his GC". The interviewed his former wife who claims that he forged her signatures on the I-130. I highly doubt that is true, and she stated that she married him in exchange for money etc. I do know that there were many times when we started dating that she threatened to tell immigration that he only married her for green card status if he did not buy her stuff, or whatever. When they divorced she said she would tell the immigration anything she could to get him deported...fast forward 6 years he obtained his green card based on our marriage, but now they are saying that he was "inadmissable" at the time. However, our marriage is very valid and real, we have 3 children together and are very happy. What can we do? Please advise me, we are going to see an immigration attorney on Monday, just wanting to know what to expect.

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To paraphrase Tom Cruise, it doesn't matter what USCIS believes, it only matters what they can prove. If they cannot prove he entered into his previous marriage solely to confer immigration benefits on himself, then there is no issue.

If she says he forged her signature, and he maintains he didn't, I doubt USCIS are going to be able to do anything about it, and the N-400 denial might not stand up either. Now, if they have additional evidence on top of that, then it could be a problem.

Seeking the advice of a reputable immigration attorney is the way to go.


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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

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Day 0 (1/3/18) N-400 filed online

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Makes you wonder why they did not take action before, perhaps he was on their radar but not a high priority and naturalising brought it to the fore?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If the starter wife proves its not her signature, he has probs. If it is her signature

get an atty to hire an handwriting expert and re-apply...the oral argument that she

got money cant be proven & she should have stepped forward long ago...If

this is true he is now on their radar, & I would not travel outside the country

until its sorted out

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That would be down to an Immigration Judge.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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File an appeal within 30days of the decision or file a new N400 . Make sure you gather all evidence of marriage from his previous marriage like photos or anything that helps in proving the previous marriage was real.

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I find it interesting and somewhat hillarious on the side of USCIS that they are denying him citizenship on grounds of lack of moral character. "Lack of moral character" defines a majority of United States citizens..... but they are denying him his citizenship. Its completely ridiculous.


“You cannot enter heaven until you believe, and you will not truly believe until you (truly) love one another.” [Muslim, Al-Iman (Faith); 93]

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I find that hilarious as well....I also find it interesting that the paperwork clearly states he must have demonstrated good moral character for the last 5 years (we have been married for 6 years) but they are using something from 7-8 years ago to decide he does not have good moral character now. NONE of this was ever asked of us at the initial green card interview!

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I find that hilarious as well....I also find it interesting that the paperwork clearly states he must have demonstrated good moral character for the last 5 years (we have been married for 6 years) but they are using something from 7-8 years ago to decide he does not have good moral character now. NONE of this was ever asked of us at the initial green card interview!

Well then, there you go! Seems like that little statement, "must have demonstrated good moral character for the last 5 years" should clear that up quit quickly with a good immigration lawyer.


“You cannot enter heaven until you believe, and you will not truly believe until you (truly) love one another.” [Muslim, Al-Iman (Faith); 93]

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I find it interesting and somewhat hillarious on the side of USCIS that they are denying him citizenship on grounds of lack of moral character. "Lack of moral character" defines a majority of United States citizens..... but they are denying him his citizenship. Its completely ridiculous.

I understand your point, but lying in order to receive an immigration benefit is one of the listed "moral character" offences and I think it's a pretty legitimate one. On the other hand, drunk driving and adultery (while they can have serious consequences) are odd reasons to deny citizenship in my opinion.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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I agree that lying to obtain an immigration benefit is a serious issue. However he never lied to obtain an immigration benefit. He got no benefit from being married to her except a big ### headache. He got his green card status under me. So what lie did he tell? Our relationship is legit and always has been...

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Yes you are correct I mixed up my terminology he withdrew his application for a green card! He never got a green card through that relationship right after they filed the initial paperwork she started acting all crazy on him (his words I don't know the details) so they ended up getting divorced. He and I then got married a year later and he got his green card through me! So I don't understand what the deal is with the original relationship and why they are focusing on it!

Edited by Erin B

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He also at the time of application with her was a legal H1B visa holder so he didn't "need" to marry her he had just won the lottery thing they do to convert his visa to citizenship...he did not need citizenship through her at all! He only applied through me because AFTER we got married he got laid off and lost his visa as a result and could not find another company to sponsor him so he applied through me.

Yes you are correct I did mix up my terminology...he withdrew his petition for a green card NOT for citizenship...he did not need a green card at the time because he had an H1B visa

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