Citizenship denial

[Dare 0]

Ok, thanks everyone for good advices. I will get a good lawyer and get the process started. Me vs. USCIS. I will inform how it goes from here. I talked to 7 different lawyers and they all agreed that because of politic of Philadelphia USCIS office, most likely that they will decide the same again. (let’s face it, those agents work together, so if one decide one thing, the other will agree unless they hate each other which is not likely) So I am looking forward to the District Court. I hope Judge will look the whole picture instead just a file.

[sweetcdngrl 2]

It is in your best interests to get a lawyer as when your new wife applies for citizenship she will have to identify you as her spouse on her paperwork ( part 8 of N400). You may not think that her application matters in relation to yours which is correct but yours matter in relation to her application. USCIS will look closely at any spouse who has a denied filing ( you are technically now unlawful as your green card is no longer valid)and where someone has been married to a citizen and divorces prior to gaining citizenship and remarries another person ( especially if that person also has a immigration file)and depending on the country you are from it could be a red flag for a fraudulent marriage. They may actually deny your wife becasue regardless of how she is applying to them it looks as though it has been planned ( if this doesn't work we'll do this scenario)especially if you are from the same area in the same country and you are unlawful. What a mess.

I spoke with a friend at who works at USCIS ( not my office )and was told quite plainly that the applicant is responsible for informing USCIS(it is stated on the paperwork and on their website)of any changes and failure to notify of changes and receiving a greencard based on a marriage that no longer exists can be deemed fraud.I asked him to read your situation as you have written it and he said you HAVE to get a lawyer with immigration experience ( most notably one who has handled similar situations). He also stated that if you are working and using your green card as proof of eligibility the situation has to be sorted out immediately and deportation and charges would be likely if you wait( some offices are quicker than others when it comes to this). What a mess.

Take a look at this section Sec 319.

(2) Loss of Marital Union.

(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under Section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen.

Good luck.

[Dare 0]

It is in your best interests to get a lawyer as when your new wife applies for citizenship she will have to identify you as her spouse on her paperwork ( part 8 of N400). You may not think that her application matters in relation to yours which is correct but yours matter in relation to her application. USCIS will look closely at any spouse who has a denied filing ( you are technically now unlawful as your green card is no longer valid)and where someone has been married to a citizen and divorces prior to gaining citizenship and remarries another person ( especially if that person also has a immigration file)and depending on the country you are from it could be a red flag for a fraudulent marriage. They may actually deny your wife becasue regardless of how she is applying to them it looks as though it has been planned ( if this doesn't work we'll do this scenario)especially if you are from the same area in the same country and you are unlawful. What a mess.

I spoke with a friend at who works at USCIS ( not my office )and was told quite plainly that the applicant is responsible for informing USCIS(it is stated on the paperwork and on their website)of any changes and failure to notify of changes and receiving a greencard based on a marriage that no longer exists can be deemed fraud.I asked him to read your situation as you have written it and he said you HAVE to get a lawyer with immigration experience ( most notably one who has handled similar situations). He also stated that if you are working and using your green card as proof of eligibility the situation has to be sorted out immediately and deportation and charges would be likely if you wait( some offices are quicker than others when it comes to this). What a mess.

Take a look at this section Sec 319.

(2) Loss of Marital Union.

(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under Section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen.

Good luck.

Ok, we are not married yet. We do leave together and have 5 months old boy, but not married. As far as getting citizenship i will get it one way or the other, whatever they like it or not. If not now, in 2 years, if not in 2 years, then in 18 when my son turns 18. If not appying from here, then appying from my birht country. As far as your friend, did you ask him if he thinks that USCIS is a God? I feel petty for people that think they are above the law or they are the law. First thing in this case that matters is that i ( a tax payer) paid them (USCIS) to WORK on my case, not to sit at do nothing and screwing things left and right. As far as it was my obligation to tell them, it was also their obligation to process things in timely manner and to process things right. This did not happen in my case so don't you ever think it is ONLY my fault and no one else’s here, because it is not, and i intend to prove this at court. By that time they can bite my a.. since i already filed a complaint so they cannot deport me even if I am here illegally since we are waiting on a hearing.

I am sorry that I might sounded a little bit rude, but you know, after 10 years here, they couldn’t just waive the thing that happened on both sides (mine mistake and their mistake) and grant me the citizenship, even if it is going to happen anyway? This is ridiculous, so I might as well stop paying taxes. Just kidding. I will not do that. See you at court USCIS.

[sweetcdngrl 2]

Ok, we are not married yet. We do leave together and have 5 months old boy, but not married. As far as getting citizenship i will get it one way or the other, whatever they like it or not. If not now, in 2 years, if not in 2 years, then in 18 when my son turns 18. If not appying from here, then appying from my birht country. As far as your friend, did you ask him if he thinks that USCIS is a God? I feel petty for people that think they are above the law or they are the law. First thing in this case that matters is that i ( a tax payer) paid them (USCIS) to WORK on my case, not to sit at do nothing and screwing things left and right. As far as it was my obligation to tell them, it was also their obligation to process things in timely manner and to process things right. This did not happen in my case so don't you ever think it is ONLY my fault and no one else’s here, because it is not, and i intend to prove this at court. By that time they can bite my a.. since i already filed a complaint so they cannot deport me even if I am here illegally since we are waiting on a hearing.

I am sorry that I might sounded a little bit rude, but you know, after 10 years here, they couldn’t just waive the thing that happened on both sides (mine mistake and their mistake) and grant me the citizenship, even if it is going to happen anyway? This is ridiculous, so I might as well stop paying taxes. Just kidding. I will not do that. See you at court USCIS.

[/quoSo

I don't know why you would be so rude to someone who is trying to help . I thought getting a USCIS agents response would be of assistance but seems you're too busy being self-righteous. Good luck in court and I would suggest you let the lawyer do all the talking.

[Dare 0]

I don't know why you would be so rude to someone who is trying to help . I thought getting a USCIS agents response would be of assistance but seems you're too busy being self-righteous. Good luck in court and I would suggest you let the lawyer do all the talking.

I am sorry if you think i am rude, but there are a lot of emotions involved here so i can't talk and pretend it doesn't hurt. I cannot pretend at all for anything (and oh did i experience people pretending, specially here in USA. If i was a judge who decides about Oscar nomination for best actor, i would give it to USA, to all people. Looks like no one is honest here. No one will tell you the truth, everybody is "acting" dude) and have to express my feelings about it.

As far as "....seems you're too busy being self-righteous" Really? If you think that about me, i think double that about your friend from USCIS. If i don't defend my actions, how would i expect someone else to defend me? What do you think i should do? "Admit" that it is ONLY MY fault and deport myself? If it wasn't sad it would be funny.

[Gary and Alla 3,696]

Ok, here is my case in short:

In 2003 I filed for green card based on marriage. After I had my first interview I was waiting on the decision for more than 2 years. In meantime I did divorced my wife at the time but did not inform USCIS. I know my obligation was to inform them, but I was waiting for them to call me on the second interview and they would find out. However they screw my alien number and at one point I had two alien numbers and was going for fingerprints every 6 months for almost 3 years. After almost 3 years, they send me the permanent green card (the one on 10 years) without even calling me on the second interview. After 5 years I decide to file for citizenship. They ask me why I did not inform them and my answer was that I was waiting on another interview when my GC arrived in mail. After that I continued my life here as normal thinking everything is ok. They held the interview for citizenship and I passed but officer couldn’t decide right away. So they gave me the letter stating that I passed the interview but decision cannot be made yet and that they have 120 days to inform me of their decision. If they failed to inform me I can file a complaint on district court. So after 120 days I decide to call and ask what happened. Within a week they send me a letter stating that they need 60 more days to decide. After 60 days the decision came that my citizenship application was denied because I did not inform them I was divorced so technically my green card is not valid. I have 30 days to appeal the decision. I understand that I failed to inform them of my divorce but they also failed to call me on second interview. If they would have called me on second interview they would of find out about my status. Technically I did not lie since they never asked if I was divorced or not before they sent me the green card. And it is my fault that I did not tell that my status has changed, but it is also their fault that they sent me green card without asking about my status. If the process went as it should, I would of have the interview and they would find out that I was divorced. Instead they made a mistake, and it took them so long to fix it that they did not even bother calling me on second interview and just giving me the permanent green card. Now they said that I did not obtain the GC lawfully and it is not good and based on that they denied my application. So now I have been in this country for 10 years, I have paid taxes since day one in this country, I have bought a house here and have a new family with a child who is born here. In this 10 years I haven’t travel anywhere outside US waiting to become a citizen first.

My question is, is it worth to appeal this and if I appeal, how far should I go ( should I go to district court if they come back with same decision)?

It is your obligation to inform them of the divorce. Period. You did not. All benefits after that point are subject to being revoked for material misrepresentation. At no time does it become THEIR obligation to give you the opportunity to inform them.

everything you did was at risk because you did not inform them of your divorce.

You can waste more money fighting it with an attorney who will gladly take your money and tell you that he will fix it. He can't.

[Gary and Alla 3,696]

She is not based on me. She is different situation all together. She will become a citizen in 2 years.

Yes i agree what you say but if they did their job properly, we wouldn't be in this situtaion.

I will say this again to be clear. It is YOUR oblgation to inform them of the divorce. They were unable to do their job "properly" because YOU withheld information. Had you told them the truth you would not now be in this situation...and you know it and you chose to do what you did to "trick the system" Well it doesn't work and the longer you stay the more rooted you become, but that was YOUR choice to take that risk. You also got married again and risk the future of your current wife.

[EstebanTrabajos 7]

Mods please just close this thread, it is pointless. This forum doesn't need to hear your explanations/excuses save that for the immigration judge

[Dare 0]

I will say this again to be clear. It is YOUR oblgation to inform them of the divorce. They were unable to do their job "properly" because YOU withheld information. Had you told them the truth you would not now be in this situation...and you know it and you chose to do what you did to "trick the system" Well it doesn't work and the longer you stay the more rooted you become, but that was YOUR choice to take that risk. You also got married again and risk the future of your current wife.

Them not doing their job properly lead to this. They failed to give me temporary green cad on 2 years. Instead they choose to give me the permanent one, and did not do their job in timely manner. My divorce happened after 2 years and 9 months. In that period of time you should receive temporary green card on 2years. I did not. Why? Because they made a mistake with two alien numbers, and took them so long to fix it. After they fixed it, they just sent me the permanent one. Why? Why they failed to do their job properly? It wasn’t my mistake, but theirs. Also on the same not, i did not get re-married. If you read the whole post with all my comments you would know that. And again, my job to inform them, yes, i agree, but also their job to process thing correctly. So as it was my fault, it was theirs as well, so next time read the whole blog with comments before commenting, because those comments already exist and I already replayed on them. Thanks.

[dwheels76 5,486]

I really am not getting you OP. Because you got caught with your hand in the cookie jar you now are bashing america and americans.

Because you have paid taxes for the last 10 years you feel you are exempt from following the law.

I think there's way more to this story. I mean 3 years to process your petition and what no Infopass appointment? No congressional inquiry. You just literally went and got fingerprints for 3 years every 6 months.

And yet you divorced and meet someone else had a baby.

Sorry something isn't adding up.

I usually like to remain positive and help people here but I will not stand by and allow you to just bash a country and her peoples because you didn't follow the rules.

Get a lawyer and I wish you the best. Cuz baby you will need it.

[Krikit 1,166]

Thread closed for review.