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Jane14344

Divorce after citizenship

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Filed: Citizen (apr) Country: Jamaica
Timeline

To divorce her husband and then get married to her ex is a definite red flag to USCIS and would be seen as visa fraud. Another flag is the reason given - her children miss their dad. This is not unusual, and as far as immigration is concerned, parents need to prepare kids for the adjustment of the separation and the new parent; it's a part of life. It is natural that they will miss their dad and one way to make the kids feel close is to allow them to speak with dad regularly - there are calling cards that gives great prices for calls to the Philippines. As GC holders, the children also have the option to visit their father. Getting a divorce so that they can be close to their father is not considered a valid reason for divorce and marriage to the children's dad (her ex) will cause USCIS to question the mother's intent and open a case for immigration fraud.

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

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Filed: IR-2 Country: Philippines
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If the OP is granted naturalization, then she is no longer abided by the laws of the Philippines. and becomes free to file for divorce from her current husband.

Secondly it doesn't matter if she reported her marriage to the Philippine government or not. She must report the divorce when petitioning her "next in line lover", because they will find it anyway during her background check.

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If you miss their dad so much, and your children miss their dad so much, why not just divorce your U.S. citizen now, in the U.S., and go back to the Phillipines?

Then you can marry their dad there and everyone can be happy.

I feel pretty sorry for everyone in this situation, but especially for your kids and the U.S. citizen spouse.

"Wherever you go, you take yourself with you." --Neil Gaiman

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Filed: IR-2 Country: Philippines
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If you miss their dad so much, and your children miss their dad so much, why not just divorce your U.S. citizen now, in the U.S., and go back to the Phillipines?

Then you can marry their dad there and everyone can be happy.

I feel pretty sorry for everyone in this situation, but especially for your kids and the U.S. citizen spouse.

She cannot legally file for divorce from her US citizen husband.......

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If you get married in the U.S., you can get a divorce in the U.S. But...she'll lose her opportunity to get citizenship based on the marriage. She can always leave and go back to the Phillipines.

Why would she not be allowed to divorce in the U.S.?

"Wherever you go, you take yourself with you." --Neil Gaiman

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Filed: K-1 Visa Country: Barbados
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Sorry but from what you wrote, its people like you that make it hard for people trying to marry the ones they love honestly and build a life thru the legal system, you stated you want to divource after citizenship RED FLAG, not to sound harsh but kids will miss there dad but what example are you showing your kids, defraud,lie and hurt who ever to get what you need, shame on you. like the others said, dont wait divorce NOW and move back to be with your true love.

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Filed: IR-2 Country: Philippines
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If you get married in the U.S., you can get a divorce in the U.S. But...she'll lose her opportunity to get citizenship based on the marriage. She can always leave and go back to the Phillipines.

Why would she not be allowed to divorce in the U.S.?

Philippine law states that a Filipino citizen marrying abroad, whether to another Filipino or to a foreigner is bound by the same laws of the Philippines.

A foreign spouse can file for divorce and the Philippine government will recognize that divorce. However, a Filipino filing for and granted a divorce abroad will NOT be recognized by the Philippine government.

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She cannot legally file for divorce from her US citizen husband.......

She can legally file for a divorce here in the USA, but that divorce will never be recognized in the Philippines, so she could not remarry there. She could only remarry in a country outside the Philippines.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: IR-2 Country: Philippines
Timeline

She can legally file for a divorce here in the USA, but that divorce will never be recognized in the Philippines, so she could not remarry there. She could only remarry in a country outside the Philippines.

It's kind of a moot point.....because her diabolical plan is to use her current husband to gain her US citizenship and then throw him away like a piece of trash.

Then she no longer falls under the laws of the Philippines.........and off she goes.

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Thanks for explaining about the marriage laws; If she wants so much to reunite her family, then I suppose she's going to have to ask her U.S. citizen to file for divorce. Then she can go back to the Phillipines and marry her ex.

When her husband hears her explain, it may well be that he would be happy to help her accomplish this goal.

"Wherever you go, you take yourself with you." --Neil Gaiman

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Filed: IR-1/CR-1 Visa Country: India
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it is due to people like this that some Genuine cases also get looked up as fraud and the govt imposes strict interviews. By reading the post itself we can clearly understand that she wants to gain citizenship first and then dump her US citizen husband. Its a clear cut fraud. Well Visa Journey is not a place to discuss immigration Fraud

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Filed: K-1 Visa Country: Philippines
Timeline

I'm sorry, but I'm going to call this for what it is. This is fraud and deceit. I'm happy that immigration will look at people like this with high suspicion. The fact that she is having to cover all of her actions up with things like "I married him for the right reasons" and "I want to divorce him after I get citizenship for the kids" shows me a pattern of black & white thinking that is a red flag for a cluster B type personality. If the OP really operated under the model of right reason she would fly her kids home to see their dad or try to get him here on a tourist visa instead of committing fraud.

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It's kind of a moot point.....because her diabolical plan is to use her current husband to gain her US citizenship and then throw him away like a piece of trash.

Then she no longer falls under the laws of the Philippines.........and off she goes.

Yes and I'm biting my tongue on what I think about that side of it. But wanted to point out that a Filipino citizen can get a divorce outside the Philippines legally after it was said they legally cannot. For those with some wealth that live in the Philippines, getting divorced and married in countries outside the Philippines is not uncommon way to get around the no divorce law there.

OP signed up immediately before posting, posts controversial post, and never responds to any subsequent posts. Interesting...

yes more than likely a troll. But a good troll poster comes back to feed the frenzy.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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