Divorce right after GC

[louvee 0]

Hi Everyone,

I just had my Naturalization interview a couple days ago and came back home disappointed. The USCIS wants to see my entire divorce file and tax returns prior to making a decision. I am freaking out about getting denied...or worse! Really don't know what to think. I guess their issue is that I got divorced right after I received my permanent GC. Here's my timeline:

2005-12-19 received conditional GC

2007-08-25 filed for permanent GC. In the meantime, me and my husband separate (though not through a court, he just moves out). He did sign the I-485 without a problem.

2008-07-17 permanent GC approved

2008-08-20 I started the divorce by putting the case on court’s calendar, official filing date is 11/28

2008-12-01 - divorce becomes final

This last Sept, 5 years after my residency started (12/2005) , I applied for Naturalization but NOT based on marriage but on residency. In my application I did include the final judgment of divorce showing that legally our marriage ended in Dec '08 however it seems that USCIS wants to see when exactly the divorce proceedings started.

I entered into marriage in good faith but it just wasn't meant to be. I was the one filing for divorce (spouse of the US citizen).

Do I have anything to worry about?

I would appreciate your thoughts.

[louvee 0]

I meant I-751 and not I-485

[YuAndDan 153]

I am moving this to the Citizenship forum.

Anyway, I just think they just want to verify timeline, only issue may be if they may be looking closely at the period of separation prior to approving the I-751 for removal of conditions, was the separation noted when you filed for removal of conditions, or was it filed with the pretense of still living together?

[louvee 0]

I am moving this to the Citizenship forum.

Anyway, I just think they just want to verify timeline, only issue may be if they may be looking closely at the period of separation prior to approving the I-751 for removal of conditions, was the separation noted when you filed for removal of conditions, or was it filed with the pretense of still living together?

What I mean by separation is he stayed with his parents initially, we tried to work things out but to no avail. I didn't note anything regarding our living together because technically, we still were. I didn't know at that time how things were going to work out.

BTW, I just checked, I-751 does not ask if you and your spouse are still living together.

Edited February 9, 2011 by louvee

[delidana 0]

I got my residency through marriage to US citizen. We met abroad while he was working in my country. I came here as a tourist to visit him, we decided to get married and tied the knot in 1998 right after we filed for AOS (1999). We had a fallout and we divorced 4 months before the conditional residency was removed (2001).

I hired a lawyer, he helped me get my conditions removed based on "marriage in good faith but irreconcilable differences". everyone told me this was impossible, there would have to be some sort of abuse etc, but it worked.

Even though our divorce happened within 3 years of marriage, I had no problems when I applied for naturalization (2007). it was a breeze!

[YuAndDan 153]

What I mean by separation is he stayed with his parents initially, we tried to work things out but to no avail. I didn't note anything regarding our living together because technically, we still were. I didn't know at that time how things were going to work out.

I have seen posts where I-751 gets filed, then a change in marital status happens while it is being processed, such as a seperation or divorce, and couple update USCIS as to this change in status, most times the I-751 gets approved anyway.

[louvee 0]

I have seen posts where I-751 gets filed, then a change in marital status happens while it is being processed, such as a seperation or divorce, and couple update USCIS as to this change in status, most times the I-751 gets approved anyway.

I hope that will be the case here. BTW, I thought there is a difference between separation and legal separation granted by court. Isn't there one? In light of the immigration law of course?

[Brother Hesekiel 2,235]

The default setting for Removal of Conditions is a joint filing of the I-751 by both partners. Paramount for doing this is that the marriage is still going strong and that both partners live together in harmony. You submitted your jointly filed I-751 at around (you did not provide an exact date) the time you and your husband separated. This caught the I.O.'s attention and I doubt that he or she won't have a very close look at this.

Nobody can predict what will happen, but basically now your ROC is under investigation and in the case the I.O. concludes that you should have filed singularly with a waiver, you are indeed in trouble that goes beyond the naturalization process. It could be seen as misrepresentation, and you know what that means in the immigration world.

Since the I.O. wants to see your entire divorce file, he or she will be looking at the chain of events and the dates associated with it. If it happens that your divorce file mentions at what point you separated, and it happened before you got your 10-year Green Card, yet pretended it didn't happen in order to get through the ROC process, you have a mess on your hands.

[KemalTuanaYalcin 16]

I have seen posts where I-751 gets filed, then a change in marital status happens while it is being processed, such as a seperation or divorce, and couple update USCIS as to this change in status, most times the I-751 gets approved anyway.

Agreed and the OP did state the marriag was entered into in good faith. Unfortunately some marriages just do not work out.

[ledo2131 1]

I am sorry to hear about your situation. I am going to have my citizenship interview next month and have exactly the same problem SIGH!

At this point, I think I need to talk to immigration attorney. Any advise?

[latinmariel 0]

I just had my interview and was about the same case, my first question soon i was swore was :

why did you get married? !!!

how come you moved after couple month getting your gc?

why you never decided to got back to your country after the divorce, bc you did not have family here in us.?

who filed for the divorce?

do you promise you didnt married in order to get the gc??

The IO was an american lady very professional.

I never though about these question i was kind of surprised ... but i explained on every answer my relationship and i was really secure in every answer too... she approved me and i got my oath ceremony letter same day .

good luck

Edited February 11, 2011 by latinmariel

[latinmariel 0]

be confident

[ledo2131 1]

latinmariel,

Congratulations and thanks for the info. I am taking my attorney...just in case.

[louvee 0]

Update:

Just finished my second interview. Went in with an attorney. Got APPROVED and can finally breathe. Word of advice for all PR's out there who think they can tackle the system themselves when things get complicated: get a lawyer. My mistake was filing for GC, divorce & N-400 myself, without seeking legal advice, which was a huge mistake. Even though my case was different and I had a perfect explanation for everything, the IO was not interested in listening to it. He wanted none of it. He just saw the black and white letter of the law. He wanted to deny my case at first and if it wasn't for my attorney, he probably would have.

Good luck to all!

[ledo2131 1]

Update:

Just finished my second interview. Went in with an attorney. Got APPROVED and can finally breathe. Word of advice for all PR's out there who think they can tackle the system themselves when things get complicated: get a lawyer. My mistake was filing for GC, divorce & N-400 myself, without seeking legal advice, which was a huge mistake. Even though my case was different and I had a perfect explanation for everything, the IO was not interested in listening to it. He wanted none of it. He just saw the black and white letter of the law. He wanted to deny my case at first and if it wasn't for my attorney, he probably would have.

Good luck to all!

Congrats!!! I'm glad to hear that! Can you please explain what exactly did your attorney do for you?

"He just saw the black and white letter of the law. He wanted to deny my case at first and if it wasn't for my attorney, he probably would have."[/i]

I do not understand this part? I am facing the same situation and IO requested for more documentations to prove bona fide marriage. However, I do have solid grounds proof but still have many concerns.

Thank you in advance.