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rolling_ftw

Question about divorce and N400

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Hi all,

I applied for my citizenship a couple of months ago based on the 5 year rule. Here's my ordeal: I obtained my greencard via marriage. My wife moved away from me (she went back to the state we got married) 2 weeks after I got my 10 year greencard and filed for divorce a week later. However, she lied on the divorce application that we had been separated  for 2 years (this is obviously a lie since we filed taxes together, rented an apartment together, and did a lot of things together). She lied because the state she filed the divorce requires that the divorcing couple be separated for at least 1 year before applying for divorce. 

I am wondering how this will affect my N-400 application. Any advice is welcomed by me.

Thanks.

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12 minutes ago, rolling_ftw said:

Hi all,

I applied for my citizenship a couple of months ago based on the 5 year rule. Here's my ordeal: I obtained my greencard via marriage. My wife moved away from me (she went back to the state we got married) 2 weeks after I got my 10 year greencard and filed for divorce a week later. However, she lied on the divorce application that we had been separated  for 2 years (this is obviously a lie since we filed taxes together, rented an apartment together, and did a lot of things together). She lied because the state she filed the divorce requires that the divorcing couple be separated for at least 1 year before applying for divorce. 

I am wondering how this will affect my N-400 application. Any advice is welcomed by me.

Thanks.

Since you are applying based on the 5 year basis your marriage situation doesn’t come into play for your eligibility


YMMV

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5 minutes ago, payxibka said:

Since you are applying based on the 5 year basis your marriage situation doesn’t come into play for your eligibility

Thanks for your reply. As luck would have it, I found a job in and moved to the same state that my ex-wife filed for divorce. I also filled the N400 from the same state. Thats why I was/am a bit worried.

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I'm no expert, but I'd say be ready to explain on your naturalization interview, because they might ask. I got my green card though marriage, but unfortunately we got divorced a few months before the three year mark. I applied for my 10 year green card already dicorced. Didn't expect any of this to come up during my naturalization (applied based on 5 year rule), but the officer asked me several questions about my ex, where he lives now, reasons for divorce, etc. No isuues with getting my N400 approved, but just be prepared. 

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24 minutes ago, SashaSC said:

I'm no expert, but I'd say be ready to explain on your naturalization interview, because they might ask. I got my green card though marriage, but unfortunately we got divorced a few months before the three year mark. I applied for my 10 year green card already dicorced. Didn't expect any of this to come up during my naturalization (applied based on 5 year rule), but the officer asked me several questions about my ex, where he lives now, reasons for divorce, etc. No isuues with getting my N400 approved, but just be prepared. 

Thanks SashaSC. I got my 10 year green card while married, as I explained above. But we got divorced a few months after my 10 year card was approved. I am just worried that the fact that my ex lied about the date we got separated may affect my N400.

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7 hours ago, rolling_ftw said:

Thanks SashaSC. I got my 10 year green card while married, as I explained above. But we got divorced a few months after my 10 year card was approved. I am just worried that the fact that my ex lied about the date we got separated may affect my N400.

She lied,  you didn't.  I don't  think you have to worry about it as long as you have evidence to back it up and can explain during the interview if they ask about it.  Since you are filing it at 5 years it shouldn't impact your application much.  


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Posted (edited)

If I were in your situation, I would just make sure to go to the interview with the evidence that you were still married and living together during the two years prior to you getting the 10 year card. The reason I say this is because there have been two posts here in the past couple of months where the people got denied for naturalization because USCIS determined their green card should not have been issued in the first place. So if they somehow find out that your wife stated you were separated for two years, they could question if you should have gotten your 10 year green card based on the marriage. So having the proof stating you were indeed not separated will help you if that situation comes up. 

Edited by CTgal18

🇺🇸N-400 Timeline🇺🇸 

2/02/18 Filed Online 

2/02/18 Application Received 

2/03/18 Biometrics Appointment Scheduled

2/20/18 Biometrics Completed

5/04/18 Interview Scheduled

6/14/18 Interview (Approved)

7/10/18 Oath Ceremony Scheduled

7/26/18 Oath Ceremony

 

U.S. Citizen as of July 26, 2018! :)

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9 hours ago, CTgal18 said:

If I were in your situation, I would just make sure to go to the interview with the evidence that you were still married and living together during the two years prior to you getting the 10 year card. The reason I say this is because there have been two posts here in the past couple of months where the people got denied for naturalization because USCIS determined their green card should not have been issued in the first place. So if they somehow find out that your wife stated you were separated for two years, they could question if you should have gotten your 10 year green card based on the marriage. So having the proof stating you were indeed not separated will help you if that situation comes up. 

Yes, I plan on bringing some documents that show our cohabitation to the interview. I don't have a lot of documents (lost many of them), but I hope that the few I have will do.

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