getting divorce and applying for citizenship

[zibra0000 2]

Well the cop did come to our house and did arrest her for domestic violence.she went to jail.judge dis ask me if she can come back to the house till the hearing day..prosecuter asked me about what i want to do and i said i want to drop charges and her case was dismiss...i mean the police department should have abuse report still in there right?well how the immi can judge the marriage was not bonafide?it was bonafide it was in good faith..and we been living togheter all this time we shared everything my money its her money.everything its on our names titles lease bank taxs bills everything....i mean what else i can have to prove to uscis in case that the marriage was bonafide???

Depending on your state you may be able to get divorced because of domestic violence, if not I think most states now a days allow no fault divorces. Meaning you can get divorced without really having to give the court an explanation. Since you have been an LPR for 5 years already, you clearly aren't a conditional resident so your immigration status cannot be affected in any way by getting divorced. All USCIS cares about is that the marriage was entered into good faith and not for immigration purposes, they do not care if you get divorced. As for the domestic violence and the threat to call immigration you may want to have proof that she is the abuser and not you, just in case. The reason I say this is because if for whatever reason she does or says something that makes them think you were the abuser, you may have a problem with the moral character part of the naturalization process. You are perfectly capable of naturalizing and getting divorced without any issue whatsoever, assuming you don't have other problems that would affect citizenship. Get police reports for the incidents and make sure they state her as the abuser and see if you could move out and get a restraining order against her, this way you have the upper hand. Also don't try to hit her back because I was watching a court tv show yesterday where the wife was the abuser and the husband defended himself and he was arrested after HE called the cops on her, it was ridiculous.

Depending on your state you may be able to get divorced because of domestic violence, if not I think most states now a days allow no fault divorces. Meaning you can get divorced without really having to give the court an explanation. Since you have been an LPR for 5 years already, you clearly aren't a conditional resident so your immigration status cannot be affected in any way by getting divorced. All USCIS cares about is that the marriage was entered into good faith and not for immigration purposes, they do not care if you get divorced. As for the domestic violence and the threat to call immigration you may want to have proof that she is the abuser and not you, just in case. The reason I say this is because if for whatever reason she does or says something that makes them think you were the abuser, you may have a problem with the moral character part of the naturalization process. You are perfectly capable of naturalizing and getting divorced without any issue whatsoever, assuming you don't have other problems that would affect citizenship. Get police reports for the incidents and make sure they state her as the abuser and see if you could move out and get a restraining order against her, this way you have the upper hand. Also don't try to hit her back because I was watching a court tv show yesterday where the wife was the abuser and the husband defended himself and he was arrested after HE called the cops on her, it was ridiculous.

[IcezMan_IcezLady 582]

There's nothing she can do at the point to get you deported. If I were you, I wouldnt worry about Naturalization until your divorce is done...if you live here legally, I dont think there's a huge difference in what you van or cannot do as a permanent resident.

Deal with your relationship issue first than you can always do your citizenship.

[zibra0000 2]

Thank you so much that was very helpful i read it all and it is helpfull...i mean eventhoug i didnt report it to the uscic when she got arrested and i droppes charges is it late now to contact uscis about the abuse?

I'm sorry about your situation! I just had my interview today and they handed me a brocure that might be relevant to you:

Its called "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the united States and Facts about Immigrating on a Marriage-Based Visa"

and is available online here: http://www.uscis.gov/news/fact-sheets/information-legal-rights-available-immigrant-victims-domestic-violence-united-states-and-facts-about-immigrating-marriage-based-visa-fact-sheet

[zibra0000 2]

Thank you so much...i been wanting to apply for citizemahip this whole time im with her and she always make it harder for me always...but you right thank you so much...

There's nothing she can do at the point to get you deported. If I were you, I wouldnt worry about Naturalization until your divorce is done...if you live here legally, I dont think there's a huge difference in what you van or cannot do as a permanent resident.

Deal with your relationship issue first than you can always do your citizenship.

[IcezMan_IcezLady 582]

Make sure you protect all your immigration documents from her because looking at the way she is acting she could hide your documents to sabotage you.

I have heard about petitioner's hiding their beneficiary's documents on arrival in the USA just to keep the person under control.

Joint account is good but have a personal account on the side. Joint account should just have money for collective household expenses. Like you both can put a specified amount from each paycheck to help to household bills.

No one wants to be the dog to work all the time and not see a penny of their money.

[Ian H. 207]

You don't have to prove the bona fides of the marriage for citizenship, let alone for divorce. You already did that when you filed to remove conditions. You also don't have to see an IJ because you are already a permanent resident and you can apply for citizenship own your own merits. You just have to have your proof just in case she contests the divorce you can probably get divorced easier. You cannot be deported unless you commit an act or crime that would get you deported so even if she calls immigration what is she going to say, "hi I'm calling to get my permanent resident husband deported because I can't stand him" lol. I don't see that happening and you can't get deported for having lawful status and not doing anything wrong. At least you have records, but I wouldn't have dismissed the charges if I were you. Your divorce may have been easier if you would have proceeded with the case. It's much harder for a man to prove domestic violence, but nowadays some women can be very aggressive. It's nothing to be ashamed or scared about, you just have to make sure you protect your rights.

Well the cop did come to our house and did arrest her for domestic violence.she went to jail.judge dis ask me if she can come back to the house till the hearing day..prosecuter asked me about what i want to do and i said i want to drop charges and her case was dismiss...i mean the police department should have abuse report still in there right?well how the immi can judge the marriage was not bonafide?it was bonafide it was in good faith..and we been living togheter all this time we shared everything my money its her money.everything its on our names titles lease bank taxs bills everything....i mean what else i can have to prove to uscis in case that the marriage was bonafide???

[zibra0000 2]

I swear to you that is my case i never have a dollar in my pocket and im workjng monday throu sunday like an idiot..i cant even go and have fun with male freinds that i work with and im nt talking bar or strip club.im just trying to havr basketball game or just paint ball fight or something...now lets say she call immi after divorce and trying to make them believe that i led her on this whole time as she like to say..what could i do to prove to them that i didnt???

Make sure you protect all your immigration documents from her because looking at the way she is acting she could hide your documents to sabotage you.

I have heard about petitioner's hiding their beneficiary's documents on arrival in the USA just to keep the person under control.

Joint account is good but have a personal account on the side. Joint account should just have money for collective household expenses. Like you both can put a specified amount from each paycheck to help to household bills.

No one wants to be the dog to work all the time and not see a penny of their money.

[Pitaya 2,577]

~Moved from US Citizenship General Discussion to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[IcezMan_IcezLady 582]

The police report about the domestic violence is always there.

There's nothing they can hold against you. If you were deceiving her then they will be idiots to believe that you put up with her for 5 yrs!...u fortunately, some Americans like to pick up a phone and make outrageous claims thinking they will have their way.

If any of this had happened with 2 yrs of you coming then it might be an issue.

Make sure you document any evidence of control and abuse. You could use that in your divorce proceedings.

She's just blackmailing you with calling immigration. Anyone can call them but they are not fools to fall for any complains and favor the caller.

Hold your peace and move of the house for your own safety if you have to.

[zibra0000 2]

Thank you for your support and the advice thank yo..u

The police report about the domestic violence is always there.

There's nothing they can hold against you. If you were deceiving her then they will be idiots to believe that you put up with her for 5 yrs!...u fortunately, some Americans like to pick up a phone and make outrageous claims thinking they will have their way.

If any of this had happened with 2 yrs of you coming then it might be an issue.

Make sure you document any evidence of control and abuse. You could use that in your divorce proceedings.

She's just blackmailing you with calling immigration. Anyone can call them but they are not fools to fall for any complains and favor the caller.

Hold your peace and move of the house for your own safety if you have to.

[zibra0000 2]

I hope u still remember ny case..anyway yesterday i recieved a letter for my interview and they are asking me to bring marriage certificate and my spouse naturalization certificate and our previuos divorces.at the time when i applied i was married bur i applied for 5 yrs role and now we r going throug divorce so why they are asking me to bring this document if i applied for 5 yrs role??or it doesnt matter they will still want me to bring it anyway??

The fact that she is a citizen and you are not, means nothing. Don't let her hold anything over you for that. She has no power over the situation. You need to do what is right for you and if leaving her and filing for divorce is it, then you need to do that. She is holding the power over you because you are letting her.

[zibra0000 2]

I hope u still remember ny case..anyway yesterday i recieved a letter for my interview and they are asking me to bring marriage certificate and my spouse naturalization certificate and our previuos divorces.at the time when i applied i was married bur i applied for 5 yrs role and now we r going throug divorce so why they are asking me to bring this document if i applied for 5 yrs role??or it doesnt matter they will still want me to bring it anyway??

You say, you've decided to apply under the 5 year rule, so I assume you've had your green card for at least 5 years.

If you've had your green card for 5 years, then you can apply whether you are married or divorced.

If you've been married for under 5 years, then you may not want to apply right now, because you'll have to present evidence of your marriage.

If you pass the 5 year mark, then you shouldn't worry about anything, just go ahead and apply. You probably won't even be asked anything about your marriage/divorce, but as long as you're open and honest you shouldn't have any trouble.

So basically, if you're applying based on 5 years of permanent residency, it won't matter if you are married or divorced.

I hope u still remember ny case..anyway yesterday i recieved a letter for my interview and they are asking me to bring marriage certificate and my spouse naturalization certificate and our previuos divorces.at the time when i applied i was married bur i applied for 5 yrs role and now we r going throug divorce so why they are asking me to bring this document if i applied for 5 yrs role??or it doesnt matter they will still want me to bring it anyway??

My friend get out and apply on your own.

have a good life.

one of my friend had almost same situation. he took divorce at 4th year marriage. waited for one more year and you can apply after 5year.

[Ian H. 207]

Hi,

They ask for this document because you are still legally married. My mother was married to my father when she filed for citizenship and even though my dad was an LPR and they were separated, they still requested it. My mom thought it was irrelevant so she didn't bring it to the interview and she was given a letter at the interview requesting it. Her oath ceremony was delayed for a couple of months because of this.

Therefore, you have to include whatever document the application says that you need, usually a copy, and you also bring the original to the interview. Do not be concerned, they aren't going to postpone your naturalization until your divorce is final because you are applying based on the 3 year rule and you marriage isn't relevant to the case.

Also are you sure you selected the box for "5 years" instead of "3" when you filled out the application? Do you have a copy of it so you can check? If you applied under the 5 years they shouldn't be asking for her stuff, just the marriage cert. Were you already separated when you submitted the application?

In any case, if you are no longer living together and/or have a pending divorce, you simply point this out to the IO when he/she asks. Just bring the marriage cert since you should have a copy and whatever else they ask for. You don't need to bring her nat. cert. if you are no longer together and you can explain to the IO if they ask for it.

[Ian H. 207]

Of course that's if she isn't willing to give you the copy, because if you can get it, you can bring it.

[zibra0000 2]

But my point is why they are asking for it if im applying for 5 yrs role??

Of course that's if she isn't willing to give you the copy, because if you can get it, you can bring it.