Divorce and applying N-400

[w1331 2]

Hi,

I'm trying to help out a friend with N-400.

She is a permanent resident and her ROC was approved about 5 years ago. Her ex husband divorced her before ROC, so when she applied for ROC about 5-6 years ago, she was already in divorce status.

Now, she was thinking to apply for N-400. Is it gonna be a problem for her since she got divorce before her ROC?

[I AM NOT THAT GUY 5,715]

It sounds like she has been a Permanent Resident for more than five years. If that is the case, and she meets all the other requirements, she should be able to apply for citizenship.

[NickD 202]

I-751 gives a whole bunch of reasons other than to stay married and live together. So many in fact, got me to wondering why they even bother with it. Was an afterthought after the new immigration act of 1986, I-751 popped up out of nowhere in 1988. Besides the lottery, marriage was about the only way to come here, and granted many took advantage of that. But the AOS became far more extensive and lengthly that weeded out most of the fraud.

If your friend was approved in all honesty that she was going through a divorce, met either the abuse or hardship clauses, shouldn't have any problems with the N-400.

If she came here, got a divorce and married someone from here home country, can expect a few questions on this issue.

[portbar 2]

Hi,

I'm trying to help out a friend with N-400.

She is a permanent resident and her ROC was approved about 5 years ago. Her ex husband divorced her before ROC, so when she applied for ROC about 5-6 years ago, she was already in divorce status.

Now, she was thinking to apply for N-400. Is it gonna be a problem for her since she got divorce before her ROC?

If she divorce and are in divorce proceeding when applying to remove the condition on her permanent resident she would have to apply for a waiver. If both spouse jointly signed the I-751, Petition to Remove the Conditions of Residence knowingly that they are going through a divorce or already divorce then they may committed fraud and/or misrepresentation which will trigger a bar for the Alien spouse and removal from the United States and also a big fine the U.S Citizen spouse. When she apply for her N-400 she will have to state on the form the date of the divorce and sent a copy of the divorce decree and they will know that a fraud and/or misrepresentation act have been committed.

Read this;

Remove Conditions on Permanent Residence Based on Marriage

If You Are No Longer Married To Your Spouse or if You Have Been Battered or Abused by Your Spouse

f you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

* You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).

* You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

* Your deportation or removal would result in extreme hardship

* You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition

* You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

Note: Refer to Form I-751 for more specific information on waivers

[w1331 2]

If she divorce and are in divorce proceeding when applying to remove the condition on her permanent resident she would have to apply for a waiver. If both spouse jointly signed the I-751, Petition to Remove the Conditions of Residence knowingly that they are going through a divorce or already divorce then they may committed fraud and/or misrepresentation which will trigger a bar for the Alien spouse and removal from the United States and also a big fine the U.S Citizen spouse. When she apply for her N-400 she will have to state on the form the date of the divorce and sent a copy of the divorce decree and they will know that a fraud and/or misrepresentation act have been committed.

Read this;

Remove Conditions on Permanent Residence Based on Marriage

If You Are No Longer Married To Your Spouse or if You Have Been Battered or Abused by Your Spouse

f you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

* You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).

* You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

* Your deportation or removal would result in extreme hardship

* You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition

* You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

Note: Refer to Form I-751 for more specific information on waivers

portbar,

When she filed for ROC, the divorce was already finalized, so she filed it by herself (without joint petition) and requested a waiver.

[I AM NOT THAT GUY 5,715]

portbar,

When she filed for ROC, the divorce was already finalized, so she filed it by herself (without joint petition) and requested a waiver.

Then I do believe she is good to go.

[portbar 2]

Then I do believe she is good to go.

If she request a waiver and it was approved, 5 years after the date on the Green Card she is eligible for citizenship.

[Brother Hesekiel 2,235]

W1331,

from the little you submitted on information, my take is this:

First of all, if your "friend" has been a Green Card holder for 5 years or longer, she's eligible to become a US citizen. That said, the N-400 application really digs into the life of the applicant in many ways, previous home addresses, work addresses, and marriages and divorces included. If your friend filed her ROC petition without a waiver in form of a joint petition, with the signature of her husband, although they had already filed for divorce, then she would have committed fraud, as the I.O. then approved the R.O.C. based on the assumption that the marriage was still healthy and going strong. If that's the case, it may surface at the N-400 interview and cause serious problems.

If she filed ROC singularly with a waiver, her divorce is completely irrelevant for naturalization purposes.