A real mess for citizenship, married before divorce not final

[Jack43 0]

Hello;

My friend is in a real mess, devastated, and doesn't speak English, and also doesn't have money for an Attorney. Can anyone help her with a real mess? A really knowledgeable person is needed! Here is the story:

"Maria" entered the USA with a tourist visa in 2002. She was married to an American 6/25/2004, and divorced in November, 2006. There was one documented incident of psychological abuse during the marriage. She received her two-year Green Card in 2006, and her 10 year Green card in 2008. She went to USCIS for her Citizenship Naturalization in August 2012, and to her shock and horror, she was refused, because: USCIS said her 'husband' was STILL MARRIED TO HIS FIRST WIFE, WHEN Maria 'MARRIED' HIM! (emphasis added, but it's the key point in this mess). Apparently, he either mistook (or lied) about his divorce; it was not OFFICIAL until 9/3/2004!!! It was thought he had been divorced 5/26/2004, but it was actually official on 9/3/04!!! As you might imagine, they are not on good terms now, and there is no cooperation from him. There are no kids. She has not re-married.

Maria had no idea about ANY of this, until the USCIS refused her citizenship last year. Surprise!!! You can't imagine her emotions that day. She's been to a 'free consultation' (because she's broke) with many lawyers the last year, but once they find out she has no money, they just pretty much say: " Tough scenario! Can't help ya. There's the door."

Does Maria have ANY legal recourse to get her Citizenship? Is her Green Card now in danger, since this came to light? I thought a good Green Card holder could natralize after 5 years, with a good Green Card record? (She paid her fee, and filled out all the forms, she was only denied at the interview, by quite by surprise!)

She is a good person, no criminal record, a spotless 7-year LPR. All she did was fall in love with an American, and America, and try to play by the rules. It's so sad a story. I feel she is just a victim in all of this. She didn't do anything wrong, but love and trust.

Can anyone help? Thank you!

[Harpa Timsah 13,259]

She should hold on to her GC and never apply for citizenship again. Her GC was obtained fraudulently, even though it was not her fault. Did she obtain her GC through VAWA? You mention psychological abuse and her GC was obtained when she divorced?

[Jack43 0]

She should hold on to her GC and never apply for citizenship again. Her GC was obtained fraudulently, even though it was not her fault. Did she obtain her GC through VAWA? You mention psychological abuse and her GC was obtained when she divorced?

Thanks for reply.

I believe her Green Card was through the normal method, the (ex) husband. I THINK it was obtained before the divorce. (both occured in 2006). I don't have a more precise timeline, or info than that above, at this time. I will confer with Maria, about that.

There may be a shot at a U-visa, but ... I am no attorney. (One psychological incident documented, a recorded telephone call that is in police records 7 years ago).

I Would hope there is an avenue, as a model 7-year Green Card holder; it's my understanding that that path is valid, without spouse, after 5 good years in the USA as a LPR.

Jack

[belinda63 3,052]

The problem is she was never entitled to obtain a green card. She obtained it through marriage to a USC but she was never legally married to him. Thus she was not entitled to the green card. I would suggest she just accept her fate, be happy she still has the green card, and forget about ever becoming a citizen. Chances of a U visa are no existant unless she can prove she assisted in the criminal prosecution of the person.

[paustin 1]

How does USCIS find out about the official divorce? Was it on her paperwork? so strange. I don't think it's considered fraud because the key word here was she didn't know and only went with what the ex told her.

[Darnell 8,479]

namechecks during processing. all is revealed.

[paustin 1]

namechecks during processing. all is revealed.

Correct me if I am wrong, name check is through FBI and unless the ex has record with FBI, therefore, it shows his name, address and marriage/divorce? I wonder if it's through SSN because people filed divorce in court and it goes to SSN office? Sorry kind of get the subject off track here.

[Indomex 10]

Once again, I am repeatedly surprised by how so many USCIS errors in previous applications get caught by USCIS at the N400 stage. It's almost as if they only do a thorough job when faced with the prospect of a "foreigner" becoming one of their own. When you apply for AOS through marriage, you have to provide divorce orders if anyone had a previous marriage. In my case, my spouse was previously married and the divorce order clearly shows the date on which the divorced parties are restored to the status of single persons. So, why did the officer doing the AOS approve when she/he could have clearly seen the discrepancy between dates?

Or was this some odd case where the court changed its decision date after issuing the original order?

Either way, its a sad situation for Maria to be in. My advice to the OP is for her to consult a lawyer (maybe borrow money to do this) - no one on VJ is qualified to really help here other than offer our rambling thoughts.

[NigeriaorBust 4,087]

Many states have a waiting period before you are free to remarry. I bet that the original CO's went by the date on the papers and newer/smarter CO's or computers caught that they didn't wait long enough to marry. Unfortunately it is on the immigrant to know if they are OK to marry. Do a search of wait time to marry for whatever state they lived in at the time and see if that is what happened. If they married in a different state then they lived check the rules there also ( hopefully they had a Vegas wedding I don't think Nevada has any rules )

[NikLR 13,232]

Correct me if I am wrong, name check is through FBI and unless the ex has record with FBI, therefore, it shows his name, address and marriage/divorce? I wonder if it's through SSN because people filed divorce in court and it goes to SSN office? Sorry kind of get the subject off track here.

They do name checks and background checks through every possible alley. You do not have to have an FBI record for them to check your name, they're just the only federal agency in the USA that has the ability to check everything. My husband had an FBI check for his current job and he certainly doesn't have a record of any sort. They deal with any and all background checks and yes use the SSN, driver's license numbers, passport numbers, etc..

[JohnR! 5,495]

Maria will need a lawyer and she should put her plans for citizenship on hold until she can afford a good one. This refusal to her application is now on her file and will surface if/when she applies again. However, before she can do so she needs to sort out her LPR situation, which is not regular at this point. Once her residence is straightened out with the USCIS she will be able to consider citizenship.

Edited July 26, 2013 by Gegel

[Pinkrlion 2,725]

I am concerned that even if she does obtain legal counsel, there is nothing that they can do, as she obtained the GC illegally. Although she was not aware of the situation, in Government rules and regulations, it does not matter. She obtained her GC under false pretenses, and she may be put into the process for deportation.

[Harsh_77 718]

Once again, I am repeatedly surprised by how so many USCIS errors in previous applications get caught by USCIS at the N400 stage. It's almost as if they only do a thorough job when faced with the prospect of a "foreigner" becoming one of their own. When you apply for AOS through marriage, you have to provide divorce orders if anyone had a previous marriage. In my case, my spouse was previously married and the divorce order clearly shows the date on which the divorced parties are restored to the status of single persons. So, why did the officer doing the AOS approve when she/he could have clearly seen the discrepancy between dates?

Or was this some odd case where the court changed its decision date after issuing the original order?

Either way, its a sad situation for Maria to be in. My advice to the OP is for her to consult a lawyer (maybe borrow money to do this) - no one on VJ is qualified to really help here other than offer our rambling thoughts.

To do a thorough job they need time, if you are regular here you will constantly see ppl complaining they cannot wait for 7-8 months.

I m guessing until N400 USCIS is little relaxed but during application of citizenship they open everything and thats where lot of the ppl get caught.

[Harsh_77 718]

I am concerned that even if she does obtain legal counsel, there is nothing that they can do, as she obtained the GC illegally. Although she was not aware of the situation, in Government rules and regulations, it does not matter. She obtained her GC under false pretenses, and she may be put into the process for deportation.

yep you are right and also for any lawyer it would be very very difficult case... since it was not like a clear K1 or CR1 case but she had overstayed her tourist visa so all prosecution have to say is she was just looking for GC and hence she got married to USC either way.

[scottgema 6]

My advice to the OP is for her to consult a lawyer (maybe borrow money to do this) - no one on VJ is qualified to really help here other than offer our rambling thoughts.

^^^^ THIS, 100% THIS =)