Jump to content
plsadviceme

Gotten 10 year green card after divorce N400 turn out to be complicated

 Share

37 posts in this topic

Recommended Posts

Filed: Other Country: Thailand
Timeline

This is my second post in the forum and hopefully will get much response than my first post. Thank you

I was married for 2 years and 9 months. My husband and I have wonderful marriage together. We file I-751 jointly and got approved and IO said I will get the card within 30 days. 3 weeks later my husband and I were in big arguments and he ended up hurting me. He was sentenced in the court for domestic violence. He filed divorce on October and I got my green card on the mail on November. My husband also filed separation agreement dated on the same date he was arrested without any of my knowledge I signed them together with the divorce. I have no attorney to represent me because I got out in my ex-husband house with just my clothes and less than $1000 money in my bank account because I did not work since I got here. The divorce and separation agreement went smoothly. I didn’t seem to care anymore if he wants divorce because I’m happy to have my 10 year green card. We have nothing to fight in court because before we got married he let me signed prenuptial that I won’t get anything if I will divorced him. During our divorce I didn’t ask anything from him even alimony because I can’t afford attorney to fight with him anyway. So I moved on got a job and I been starting to stand on my own feet. With also the help of friends and my sister .I found someone in my country and after 1 year divorced I married again in my country. I changed my entire last name to my current husband name, except for my green card. Last month I applied citizenship went to my interview and the IO was calmed and seemed nice person. I passed the test and everything and IO started to ask why I have different name so I told him I was married again. And asking me many things about my current husband where do we meet and why we married a year soon after my divorce. And he asked me why I divorced my husband .And I told him about the domestic violence. He asked me why I didn’t tell immigration officer about the matter during our interview. I told him that it was happened 3 weeks after our interview together. He was counting from the date of our interview and when domestic violence happened. I also told him I did not file the divorce my husband did. So he handed me N652 stating I passed the test but decision cannot be made on this time. He said he needed to review my file because it’s complicated. He mentioned I will hear from them in between 30 to 60 days. And also he asked me to get IRS transcript for the last 5 years with stamp from IRS. I passed the IRS transcript 2 days after my interview and didn’t hear from them yet.

My marriage was in good faith. In fact his son and girlfriend and children lived with us for a year 8 months. His son and girlfriend in fact signed for a witness we passed during I-751 that they knew our marriage was in good faith. We have joint file of income tax together, car ownership and health insurance. My husband had issue with his 2 children and when his son left us to live in the city he was very upset too. Anyway he was sick when I got here and I took care of him the whole time since I got here. He was upset too he found out he had cancer. Anyway he was really moody and yells for no reason. He is on morphine and high dosage of narcotics.

My questions are;

1. Am I in trouble for not letting immigration know immediately when my husband files the divorce and my green card is till on process. I got my green card on November and he filed divorced on October and divorce was final on the next year of April.

2. Will they revoke my green card? What are the chances of IO to push my marriage into a fraud? I was granted with CG and it was removed granted with 1o years GC. We are both interview on getting all my green card.

3. Will my current marriage affect my N400?

4. I didn’t not file income tax on 2009 because I didn’t make enough money on that year, I started working Dec 2009 so I did not file. Will this could be the reason for denial?

5. If they deny my N400 is that ok not to appeal and just be happy of my 10 year gc.It seems like citizenship is very complicated that I thought.

6. Can I leave the country for 2 to 3 weeks while N400 on process?

Is there anyone, have same issue with me? Please share. I am really worried and stressed. I’m scared one day ICE will pick me up from work or show in my door step just because of this. I don’t have any criminal issue. Thanks you very much.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jordan
Timeline

this is very confusing as you said that your you and your husband have a good marriage, yet you went onto say that he abused you and you are divorced


Link to comment
Share on other sites

Filed: Other Country: Thailand
Timeline

this is very confusing as you said that your you and your husband have a good marriage, yet you went onto say that he abused you and you are divorced

yes we have wonderful marriage together,in 2 years and 9 months. Like I said lately he was upset about the issues he had with his children including finances. And when his youngest son and girlfriend and family left us after his surgery he has really upset that he got no help now because they left and he was mad in all of his children . I did my best to help him emotionally.He never wake up happy after all the problems arose in his family . He will threw the food i prepare for him at the table. I can't even talk to my family online because he was very needy and paranoid.he wants me in his sight all the time to attend what he needs. Which is I don't have any problem taking care of him.We almost fight everyday After his son and family left. He took it all on me. He will even get mad on me for not vaccuming the room correctly. I just have enough that night that we yelled on each other I walked away from him because i don't want to fight anymore but he still come to me anyway and hurt me.And I am also emotionally drained that time because of his situation having cancer and also just lost my family member back home.

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Ukraine
Timeline

How long you wait after an interview?

All things look not so bad, only you better to change your green card to new name before you apply for citizenship.

My guess - they will approve you anyway. Good luck!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jordan
Timeline

yes we have wonderful marriage together,in 2 years and 9 months. Like I said lately he was upset about the issues he had with his children including finances. And when his youngest son and girlfriend and family left us after his surgery he has really upset that he got no help now because they left and he was mad in all of his children . I did my best to help him emotionally.He never wake up happy after all the problems arose in his family . He will threw the food i prepare for him at the table. I can't even talk to my family online because he was very needy and paranoid.he wants me in his sight all the time to attend what he needs. Which is I don't have any problem taking care of him.We almost fight everyday After his son and family left. He took it all on me. He will even get mad on me for not vaccuming the room correctly. I just have enough that night that we yelled on each other I walked away from him because i don't want to fight anymore but he still come to me anyway and hurt me.And I am also emotionally drained that time because of his situation having cancer and also just lost my family member back home.

if you are divorced how can you be happy? am i missing something?


Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jamaica
Timeline

Maybe I am missing something. In order for you to file for citizenship based on marriage to a usc (3 year), you have to be married, and still be living with your spouce. You said that the relationship ended at 2 years & 9 months mark. In order for you to qualify to file naturalization, you have to meet the basic criteria based on marriage. I think your best chances are to wait for the 5 year mark.

Point #2 It is your responsibility to inform USCIS of changes to your status, especially since you signed divorce papers b4 you received your green card. I would get legal advice from an attorney.

P.S. Please dont repeat that you are happy to be divorced, because you got your 10 year green card.

JNR

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

Maybe I am missing something. In order for you to file for citizenship based on marriage to a usc (3 year), you have to be married, and still be living with your spouce. You said that the relationship ended at 2 years & 9 months mark. In order for you to qualify to file naturalization, you have to meet the basic criteria based on marriage. I think your best chances are to wait for the 5 year mark.

Point #2 It is your responsibility to inform USCIS of changes to your status, especially since you signed divorce papers b4 you received your green card. I would get legal advice from an attorney.

P.S. Please dont repeat that you are happy to be divorced, because you got your 10 year green card.

You are missing something. She isn't filing based on 3 years or marriage to USC, it's based on 5 years. If you do the math she said she was married (happily) for 2 years 9 months (so she filed for ROC before the 2 year marriage mark and the GC took a while) this was when the divorce was filed (October) then in April it was final (3 years 3 months). She said a year after her divorce was final she re-married (4 years 3 months). I assume she isn't talking exact months making this the 5 years (minus 90 days). ALSO she was asked for the transcripts for the "last 5 years".

Your second point is a lie. There is no requirement to advise USCIS about a divorce. She was interviewed BEFORE the divorce was started/signed so her marriage isn't an issue because it needs to be valid at the time of interview. Also, she wasn't divorced the second she signed the papers to initiated the divorce process, so she was still legally married when she got the card. She's being investigated for fraud due to this new marriage, and because she was divorced so soon after getting the card, not because she didn't inform them of the divorce or re-marriage.

Edited by Vanessa&Tony
Link to comment
Share on other sites

Filed: F-2A Visa Country: Jamaica
Timeline

Your problem is how this looks to the IO. i'm going to tell you how it LOOKS (obviously you feel it's different)

1. You got your GC based on marriage to your USC

2. Your attended your 10 year GC interview claiming all happy happy

3. Conveniently after the interview for the 10 year card you claim abuse of USC spouse

4. Your ex-husband files for divorce the SAME month you interview for your GC (this makes it look like you lied at the interview, only stayed together for the interview/GC)

5. One year after your divorce is final, you conveniently find another man to marry in your home country (how did you meet?). You then file for citizenship, and I assume will shortly file for your new husband.

Unfortunately you've made it look like your marriage to your USC husband was fake. That once your got your 10 year card you left him to marry your REAL husband/bf back in your home country and now you will petition your "real husband". Unfortunately the evidence you presented for a valid relationship could be explained as evidence from your USC husband loving ou and you just going along with it for the GC. This wouldn't normally be questioned but your new husband, from your home country no less, is the one that makes your USC marriage look fake. I don't know your chances for approval honestly.

hmmmmm right.

My questions are;

1. Am I in trouble for not letting immigration know immediately when my husband files the divorce and my green card is till on process. I got my green card on November and he filed divorced on October and divorce was final on the next year of April.

2. Will they revoke my green card? What are the chances of IO to push my marriage into a fraud? I was granted with CG and it was removed granted with 1o years GC. We are both interview on getting all my green card.

3. Will my current marriage affect my N400?

4. I didn't not file income tax on 2009 because I didn't make enough money on that year, I started working Dec 2009 so I did not file. Will this could be the reason for denial?

5. If they deny my N400 is that ok not to appeal and just be happy of my 10 year gc.It seems like citizenship is very complicated that I thought.

6. Can I leave the country for 2 to 3 weeks while N400 on process?

Is there anyone, have same issue with me? Please share. I am really worried and stressed. I'm scared one day ICE will pick me up from work or show in my door step just because of this. I don't have any criminal issue. Thanks you very much.

how did you meet the new potential husband/bf/lover

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Link to comment
Share on other sites

Filed: Other Country: Brazil
Timeline

USCIS issued a memorandum in 2009 stating that the petitioner and alien should notify the USCIS that they are in divorce proceedings,and you didn't notify them, you may have big problems because of that.Good luck

Edited by sandranj
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

USCIS issued a memorandum in 2009 stating that the petitioner and alien should notify the USCIS that they are in divorce proceedings,and you didn't notify them, you may have big problems because of that.Good luck

Please link the memorandum that states that an immigrant needs to notify USCIS that their marital status has changed, regardless of what point of the process they're in.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Italy
Timeline

you can only apply for citizenship after 3 years upon being a GC holder if you are still married to the same person through which you obtained your GC. If I got all the dates and timelines right, at the very least your naturalization application will be rejected for not meeting the requirements.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...