Getting Divorce while I 751 pending for interview and N-400 Filed,

[mcdull 474]

4 hours ago, Alex.USA.2017 said:

I want to have a written letter that we get this divorce because of her request and ask her parents to sign it too.

 

She does not want to tell her parents that we are getting divorce. She will play a game afterwards that I wanted the divorce. Then her mom will contact USCIS that I got married to her because of green card forgetting the fact that I DID NOT GET IT!! they are very manipulative and always play the victim. They did it to her ex-husband. Looking on the bright side I am happy I am out of this torture. 

The letter will be of no good. Don't even bother 

[Hypnos 6,576]

5 hours ago, Mollie09 said:

At the interview, they ask you if you're still married/living together.

Right. And if your answer is No then you are denied (for the N-400). 

[Going through 5,668]

5 hours ago, Alex.USA.2017 said:

I want to have a written letter that we get this divorce because of her request and ask her parents to sign it too.

 

She does not want to tell her parents that we are getting divorce. She will play a game afterwards that I wanted the divorce. Then her mom will contact USCIS that I got married to her because of green card forgetting the fact that I DID NOT GET IT!! they are very manipulative and always play the victim. They did it to her ex-husband. Looking on the bright side I am happy I am out of this torture. 

A letter from her would be useless.  Besides, she can always claim later on that the letter was written/signed by her being under duress (threat of violence, etc.)

 

If she's not going to tell the truth to her parents, the likelihood of her agreeing to tell the truth in a sworn statement is less, anyhow, right?

 

As far as her mom contacting USCIS, it's possible she just said this to play with your mind.  And if it is indeed true?  I'm sure there are many many cases where people have contacted USCIS and told outright lies, too, about an applicant in the hopes of getting them denied for whatever reasons, and it did not work.

 

This is a mess that you are going through but thankfully it is happening now rather than later---please tell me you do not have any children with this woman?

Edited August 13, 2017 by Going through

[Going through 5,668]

OP this pinned thread may help you

 

 

[Alex.USA.2017 1]

33 minutes ago, Hypnos said:

Right. And if your answer is No then you are denied (for the N-400). 

So should I withdraw my N-400 application? I guess that is better than having a denied application. 

[Alex.USA.2017 1]

12 minutes ago, Going through said:

A letter from her would be useless.  Besides, she can always claim later on that the letter was written/signed by her being under duress (threat of violence, etc.)

 

If she's not going to tell the truth to her parents, the likelihood of her agreeing to tell the truth in a sworn statement is less, anyhow, right?

 

As far as her mom contacting USCIS, it's possible she just said this to play with your mind.  And if it is indeed true?  I'm sure there are many many cases where people have contacted USCIS and told outright lies, too, about an applicant in the hopes of getting them denied for whatever reasons, and it did not work.

 

This is a mess that you are going through but thankfully it is happening now rather than later---please tell me you do not have any children with this woman?

The reason I am worried because her mom did it already for her ex-husband and USCIS gave her ex a hard time. Her mom told me herself how she made her daughter's life miserable. Terrible people..

 

No I do not have a kid. If anyone asked me to describe her before marriage I would have said the most innocent girl I ever met in my life. I went through a lot in past 3.5 years with her and her family. They are three sisters and always fight with each other and their parents. They are the most weird people I ever met in my life. Hope God helps me to go through this. Thanks for all the advice and support. 

[mindthegap 2,521]

43 minutes ago, Hypnos said:

Right. And if your answer is No then you are denied (for the N-400). 

Doesn't the law state date of filing...not interview or approval?

"during the three years immediately preceding the date of filing his application, has been living in marital union with the citizen spouse"

 

 

 

I did some delving into this last year when I was pondering submitting my N-400 (which I obviously didn't do) - posting from phone so don't have links to hand.

 

 

 

 

2 minutes ago, Alex.USA.2017 said:

Hope God helps me to go through this. 

Lawyers bill by the hour. God does not.

I know which one I would rather put my faith in for help with USCIS...

 

 

 

Edited August 13, 2017 by mindthegap

[Alex.USA.2017 1]

2 minutes ago, mindthegap said:

Lawyers bill by the hour. God does not.

I will get a lawyer.

[Going through 5,668]

18 minutes ago, Alex.USA.2017 said:

So should I withdraw my N-400 application? I guess that is better than having a denied application. 

If I were you, I would formally withdraw the N400 (it's easy to do so, just put it in writing and attach the N400 receipt letter, mail it to the field office handling your N400 case).  I would also suggest getting the letter notarized, but you don't have to) and then inform the IO you want to add the waiver to your existing i-751 application during your ROC interview, if you are called for an interview. 

 

As an aside...you mentioned earlier mental/emotional/financial abuse throughout your marriage.  You may want to start documenting things as you might need it in the future.  And you should mention this during your consultation with your lawyer as well so he has the full picture going forward.

Edited August 13, 2017 by Going through

[Alex.USA.2017 1]

2 minutes ago, Going through said:

If I were you, I would formally withdraw the N400 (it's easy to do so, just put it in writing and attach the N400 receipt letter, mail it to the field office handling your N400 case.  I would also suggest getting the letter notarized, but you don't have to) and then inform the IO you want to file the waiver during your ROC interview.  

 

 

Should I give a reason why I withdraw my N-400 application? If so, I should say getting divorce and not eligible for 3 year naturalization? 

[Going through 5,668]

13 minutes ago, Alex.USA.2017 said:

Should I give a reason why I withdraw my N-400 application? If so, I should say getting divorce and not eligible for 3 year naturalization? 

You do not need to give any reason in your letter.  Just inform them you are "withdrawing your N400 application" and include your full name, A#, and receipt number.  Also include a copy of the N400 receipt letter USCIS sent you.

 

You will receive a letter back from USCIS acknowledging your withdrawal. 

Edited August 13, 2017 by Going through

[Hypnos 6,576]

1 hour ago, mindthegap said:

Doesn't the law state date of filing...not interview or approval?

"during the three years immediately preceding the date of filing his application, has been living in marital union with the citizen spouse"

From the USCIS policy manual, chapter 12:

 

"An applicant under the special provisions for spouses is ineligible for naturalization if:

 

- at any time prior to taking the Oath of Allegiance, the spousal relationship is terminated or altered to such an extent that neither the applicant nor the United States citizen spouse can be considered to be residing together as husband and wife."

[CEE53147 559]

16 hours ago, Alex.USA.2017 said:

Thanks for comprehensive answer. I guess my best option is to go through mutual divorce.

 

Note: My wife was introduced to me through a common friend but then during the time we were engaged I saw the real side of her. The same common person told me not to get married to her but I did not listen. What a mistake and what a waste of life.

 

Please do not feel too sorry for OP.

[Going through 5,668]

2 hours ago, Alex.USA.2017 said:

I will get a lawyer.

Get an immigration lawyer, not just a regular divorce lawyer...although you'll probably want to speak with one of those too.

[mindthegap 2,521]

1 hour ago, Hypnos said:

From the USCIS policy manual, chapter 12:

 

"An applicant under the special provisions for spouses is ineligible for naturalization if:

 

- at any time prior to taking the Oath of Allegiance, the spousal relationship is terminated or altered to such an extent that neither the applicant nor the United States citizen spouse can be considered to be residing together as husband and wife."

 

Cool....wording must have been changed/clarified at some point! 

 

 

5 minutes ago, Going through said:

Get an immigration lawyer, not just a regular divorce lawyer...although you'll probably want to speak with one of those too.

BOGOF?

Edited August 13, 2017 by mindthegap