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CS917

Applying for Citizenship if seperated

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Filed: Other Timeline

Hi, please give me your advice. My wife have been seperated for a year. She is a permanent resident through our marriage. Which was legit. But we sperated like a year after. 

 

She wants to apply for citizenship under the 3 year rule and doesn't want to wait until the 5 years. And she's asking me to cooperate. 

 

What's the consequences if USCIS finds out we are seperated? What happens to both of us?

Edited by CS917
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She sent the application already I think. But I'm getting second thoughts. I don't think I had to sign any forms, I can't remember. But we haven't been summoned for an interview yet. Do I still have time to pull out?

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~~moved to effects of family changes from us citizenship discussion~~

 

Start divorce? 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Country: Vietnam (no flag)
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Great idea.  Lets obtain US citizenship through fraud.  Trump and his minions will be fine with that.

 

Ask yourself as a US citizen, "Am I fine with people obtaining US citizenship through fraud?"  Follow up by, "How mad will that make people on VJ?"  Then, "Would the US Government be fine with people obtaining US citizenship through fraud?"

Edited by aaron2020
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Filed: Citizen (apr) Country: Canada
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So you have been separated a year that means filling taxes as separate not jointly. How is she going to prove she still lives in a working real marriage when she lives at a different address? All her mail goes to a different place then yours, her drivers license if she has one should have been updated along with her GC as she is supposed to update USCIS when moving. 

 

File for divorce and avoid her calls. You do not need to be dragged into her mess. 

 

 

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Filed: Citizen (apr) Country: Ireland
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To apply under the three year rule, she must live with her US citizen in "marital union"; it does not sound like you are.  If she simply sent in the form, but neither you nor her lied on anything (that you still live together, that you have joint financials if you do not etc), then nothing bad will happen, though she will likely be denied and need to wait an extra two years.  If she and you lied on the forms, then you lied to the government, and that is not a good idea. It an lead to her loosing her greencard, and fines or jail time for you, depending on the extent of the deceit and fraud.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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13 hours ago, CS917 said:

Hi, please give me your advice. My wife have been seperated for a year. She is a permanent resident through our marriage. Which was legit. But we sperated like a year after. 

 

She wants to apply for citizenship under the 3 year rule and doesn't want to wait until the 5 years. And she's asking me to cooperate. 

 

What's the consequences if USCIS finds out we are seperated? What happens to both of us?

Question,

 

Did you guys separate a year after getting married, or a year after conditional residence was removed and she received a permanent GC? If the latter, then the separation will not impact her GC status and she can apply for citizenship under the 5 year rule only. It is fraud if she has applied under the 3 year rule. Please request that she wait for 5 years to apply or withdraw the application if filed already. It is never okay to lie to the Federal Government and you will have both broken the law. If you guys are caught, then your wife will most definitely be deported under the Trump administration, and you will be charged. Its not worth it, and you MUST convey this to her and that you will NOT cooperate.

 

Now, if you guys separated 1 year after getting married, and she has already applied for and had the conditional GC changed to a permanent GC (eligible after 2 years), then you have both already committed fraud. If you guys were separated within 2 years of getting married, then she is no longer eligible to even maintain her GC status. If this is the case, and you were party to the application to remove the conditional status, then she deserves to be deported, and you should be charged with a crime.

 

Sorry if this sounds harsh, but the law is the law, and her behavior is completely unacceptable. Quite frankly, you should not tolerate this type of person from becoming a citizen, past wife or not.

Application type: IOE
Application mailed out: 6/09/2016 
Application delivered to Texas USCIS: 6/10/2016 
Field office: New York City 
Type of GC:EB 
GC anniversary date: 9/8/2016 
Check cashed: 6/15/2016 
Text and e-mail received confirming receipt: 6/15/2016 
Priority Date: 6/10/2016 
Receipt date: 6/13/2016 
Date received: 6/10/2016 
Receive notice of receipt in mail: 6/17/2016 
Receive Biometrics notice: 6/24/2016 
Biometrics scheduled date: 07/07/2016 
Biometrics actual walk-in date: 6/28/2016 
Inline for interview: 08/09/2016 
Receive interview notice: 01/17/2017 (via case status website) 
Interview date: 02/21/2017 
Oath ceremony date: 4/7/2017 
Receive passport date: 4/10/2017 (passport agency)

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2 hours ago, CS917 said:

Does she need me for her to go through the process? Because I never signed anything. Don't I have deniability?

Nothing to sign,  but she will be asked to prove that you at a minimum live together. i.e. jointly filed tax returns and potentially utility bills and bank statements. I would imagine she would need to list your address on her N-400 form, so that if asked for utility bills, she can produce one in your name with the address. Utility bill in her name at her address won't quite cut it, and that's where a joint bank account and/or tax return comes into play. Can I assume you file spate tax returns? If still filing jointly, whose address is on the tax return? I can't see how she can pull this off without you co-operating, even though you don't get interviewed or sign anything.

Application type: IOE
Application mailed out: 6/09/2016 
Application delivered to Texas USCIS: 6/10/2016 
Field office: New York City 
Type of GC:EB 
GC anniversary date: 9/8/2016 
Check cashed: 6/15/2016 
Text and e-mail received confirming receipt: 6/15/2016 
Priority Date: 6/10/2016 
Receipt date: 6/13/2016 
Date received: 6/10/2016 
Receive notice of receipt in mail: 6/17/2016 
Receive Biometrics notice: 6/24/2016 
Biometrics scheduled date: 07/07/2016 
Biometrics actual walk-in date: 6/28/2016 
Inline for interview: 08/09/2016 
Receive interview notice: 01/17/2017 (via case status website) 
Interview date: 02/21/2017 
Oath ceremony date: 4/7/2017 
Receive passport date: 4/10/2017 (passport agency)

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2 hours ago, CS917 said:

Does she need me for her to go through the process? Because I never signed anything. Don't I have deniability?

 

No, because she specifically asked you to co-operate and told you what she was doing. If they ever catch and charge you, you will clearly be lying under oath, so no, you do not have any deniability. Like I said in a previous post, you need to tell your wife that you will not participate, and that she needs to withdraw the existing application and wait for 5 years if eligible that way. Even better, write a letter telling her this, and keep a record of the letter being mailed and retain a copy. This way, if they ever come after you, your ### is covered.

Application type: IOE
Application mailed out: 6/09/2016 
Application delivered to Texas USCIS: 6/10/2016 
Field office: New York City 
Type of GC:EB 
GC anniversary date: 9/8/2016 
Check cashed: 6/15/2016 
Text and e-mail received confirming receipt: 6/15/2016 
Priority Date: 6/10/2016 
Receipt date: 6/13/2016 
Date received: 6/10/2016 
Receive notice of receipt in mail: 6/17/2016 
Receive Biometrics notice: 6/24/2016 
Biometrics scheduled date: 07/07/2016 
Biometrics actual walk-in date: 6/28/2016 
Inline for interview: 08/09/2016 
Receive interview notice: 01/17/2017 (via case status website) 
Interview date: 02/21/2017 
Oath ceremony date: 4/7/2017 
Receive passport date: 4/10/2017 (passport agency)

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