Complicated situation, divorce and citizenship

[Bluewave 0]

Well it has been 4 years since i posted on this site which by the way is a blessing, to make this long dramatic story short i got here to the USA in April 2009,lived happily with my ex, had a son, and worked my butt off so we can have a stable life which we did, paid off her debts, her car and managed to enjoy the luxury of affording what we wanted and needed, any way due to many ups and downs after our child birth and the some what evil intervention of some of her old friends and few family members things got a bit sour, but never in my mind was i ready for what followed, all the financials were linked to her, all bills, bank accounts and the rest, to my absolute surprise she filled for divorce in March 2012, the divorce is still in court, we have been living separately since October 2012, i was planning to file for citizenship on April 2012 but her filing for divorce threw me off and i had to focus on getting my finances back together since i didn't have a car nor a personal bank account. now im in this situation where my lawyer says it would of helped a bit in this custody battle if i was a citizen specially that international travel is on the table plus i feel it is time for me to get the citizenship taking care of. i can wait until April 2014 and file 5 years if not what are my options now? any info will be much appreciated,thanks

[LBeachey 45]

Sorry this happened, if you are going through divorce you can not apply for citizenship through your marriage. Since you are so close to the 5 year mark, I would just wait. You can apply 90 days before the 5 year date on your green card. You said you came in April 2009 but do not indicate K-1 or CR-1. So you may or may not be able to file in April (or possible even sooner).

[BigDaddy28 228]

Well it has been 4 years since i posted on this site which by the way is a blessing, to make this long dramatic story short i got here to the USA in April 2009,lived happily with my ex, had a son, and worked my butt off so we can have a stable life which we did, paid off her debts, her car and managed to enjoy the luxury of affording what we wanted and needed, any way due to many ups and downs after our child birth and the some what evil intervention of some of her old friends and few family members things got a bit sour, but never in my mind was i ready for what followed, all the financials were linked to her, all bills, bank accounts and the rest, to my absolute surprise she filled for divorce in March 2012, the divorce is still in court, we have been living separately since October 2012, i was planning to file for citizenship on April 2012 but her filing for divorce threw me off and i had to focus on getting my finances back together since i didn't have a car nor a personal bank account. now im in this situation where my lawyer says it would of helped a bit in this custody battle if i was a citizen specially that international travel is on the table plus i feel it is time for me to get the citizenship taking care of. i can wait until April 2014 and file 5 years if not what are my options now? any info will be much appreciated,thanks

Salam

I hope everything goes well with you. Your best bet now is not to apply using the 3 year rule. Because your wife filed for divorce that means you are not eligible for it anymore. Your best bet is to wait and file using the 5 year rule, you will be asked about the marriage but the officer will not base their decision on your marriage. Tell your lawyer if there is anyway he can delay the court until you get your citizenship, they know how to do that. All you can do now is try to stable yourself and don't do anything with your ex only with a lawyer or a witness present. Remember the court won't be on your side they will be on her side I know it's not fair but that's how the system goes here. Good luck.

[Bluewave 0]

Thanks guys, i have never went through anything harder than this, no family, no friends, i had to start all over again, no car, no bank account nothing,at a certain point i thought i'm going to be homeless but god is good, any way i got here on a CR1, so it looks like late February i can apply.

[mimigrant 0]

The others already gave you good advice on the filing issue, so I just want to say keep your head up because things will fall into place eventually. I was also divorced (not out of my own will) and it took me sometime to get my things together again. But as it happened to me, it will happen to you as well. Breath, take your time, and slowly rebuild. You're going to be fine although everything seems hard now

Thanks guys, i have never went through anything harder than this, no family, no friends, i had to start all over again, no car, no bank account nothing,at a certain point i thought i'm going to be homeless but god is good, any way i got here on a CR1, so it looks like late February i can apply.

[NickD 203]

It all goes by that initial date on your green card where the clock starts clicking. And your state divorce laws, if no-fault, should be a 50-50 split in assets of the marriage, and even applies to getting half a can of beans if that is all that is left.

If divorce proceedings already started, would forget about that three year marriage privilege as it is called, could be deported for that. You also have that I-864 in your favor, your spouse is responsible for maintaining your support at 125% of the poverty level for ten years after it was signed. All is fair in love and war as they say.

Also possible for you to get full custody of your child, get social services involved, worked for me, and I was born a male. A lot depends on whether your attorney is better than your wife's attorney. Not fair, but that is the way it works.

[mandixon 9]

Well it has been 4 years since i posted on this site which by the way is a blessing, to make this long dramatic story short i got here to the USA in April 2009,lived happily with my ex, had a son, and worked my butt off so we can have a stable life which we did, paid off her debts, her car and managed to enjoy the luxury of affording what we wanted and needed, any way due to many ups and downs after our child birth and the some what evil intervention of some of her old friends and few family members things got a bit sour, but never in my mind was i ready for what followed, all the financials were linked to her, all bills, bank accounts and the rest, to my absolute surprise she filled for divorce in March 2012, the divorce is still in court, we have been living separately since October 2012, i was planning to file for citizenship on April 2012 but her filing for divorce threw me off and i had to focus on getting my finances back together since i didn't have a car nor a personal bank account. now im in this situation where my lawyer says it would of helped a bit in this custody battle if i was a citizen specially that international travel is on the table plus i feel it is time for me to get the citizenship taking care of. i can wait until April 2014 and file 5 years if not what are my options now? any info will be much appreciated,thanks

just wait to save yourself from some unforeseen complications!

[Bluewave 0]

Hi Guys

Just to make sure, my divorce is yet to be final but i will be filling very soon for citzenship under the 5 years rule, now from what i read all i need is the N-400 form ,copies of my Green card,the money order and the personal pictures is that right?

[deidre 13]

Hi Guys

Just to make sure, my divorce is yet to be final but i will be filling very soon for citzenship under the 5 years rule, now from what i read all i need is the N-400 form ,copies of my Green card,the money order and the personal pictures is that right?

Do we have to submit personal photos too even tho submitting under the 5year rule?

[Bluewave 0]

I meant the two identical passport-style color photographs of yourself, on another hand i have a question for anyone that can help, under marital status if i answer seperated i shouldnt be filling any other info regarding my soon to be Ex wife.??

[BigDaddy28 228]

You will still have to mention her regardless but don't put divorced yet because you are not yet as of now. When you get your interview take the divorce decree and update the officer with that. Good luck.

[deidre 13]

I meant the two identical passport-style color photographs of yourself, on another hand i have a question for anyone that can help, under marital status if i answer seperated i shouldnt be filling any other info regarding my soon to be Ex wife.??

Oh gotcha!

As your filing under the 5 year rule.... you dont have to provide the back up documentation for the marriage. ..so u will still say yes that you're married because you havent for your divorve decree.

Im in a similar situation however my divorce will be finalized this week...and should have the decree in hand in the next few weeks ...just in time for May when I can actually submit the N-400..

[Bluewave 0]

Hi

Not trying to revive an old topic but here im now ready to file for my citzenship, glad i didnt do it last april since my divorce wasnt finalized until few months ago and even though we were seperated at that time and i was over the 5 years mark i was advised not to until the divorce is finalized.

Any way i have few questions:

-Some people talked about providing proves that you have no issue with child support ? i dont know if it is even true since it is a civil matter, but im asking regardless? i never missed one by the way.

-Do i have to send the divorce final judgement with my application? if yes shall it be a full complete copy? it is over 50 pages?

-Do i need to send Tax return reciept for the last 3 years?

-Will they accept a cashier check or does it have to be a personal one or a money order?

-Does the Efiling have any major advantages and do you guys advise to do it?

-Like most people i have a physical and mailing address that are different, how do i go about that with this process since it was kinda confusing during previous experiences with the USCIS?

-Does anyone have experience with the modified oath request?

Thank you, this site is the best help ever, me and my ex used it through the whole process and here im now back to seek advise for the final step.

Thank you

[Kintsukuroi 6]

Hi

Not trying to revive an old topic but here im now ready to file for my citzenship, glad i didnt do it last april since my divorce wasnt finalized until few months ago and even though we were seperated at that time and i was over the 5 years mark i was advised not to until the divorce is finalized.

Any way i have few questions:

-Some people talked about providing proves that you have no issue with child support ? i dont know if it is even true since it is a civil matter, but im asking regardless? i never missed one by the way.

-Do i have to send the divorce final judgement with my application? if yes shall it be a full complete copy? it is over 50 pages?

-Do i need to send Tax return reciept for the last 3 years?

-Will they accept a cashier check or does it have to be a personal one or a money order?

-Does the Efiling have any major advantages and do you guys advise to do it?

-Like most people i have a physical and mailing address that are different, how do i go about that with this process since it was kinda confusing during previous experiences with the USCIS?

-Does anyone have experience with the modified oath request?

Thank you, this site is the best help ever, me and my ex used it through the whole process and here im now back to seek advise for the final step.

Thank you

I submitted a copy of my decree with my application (mine is 34 pages long). The IO asked to see a certified copy at the interview. I did not send a tax return receipt. As far a child support, I would include the print out from your state's child support office (if you send it through the state) showing you are current on payments.

[Bluewave 0]

Thank you for responding

i dont send it through the state office, we have a good relationship and i personally hand her the check every month, so may be an affidavit signed by her?