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Oath Ceremony and eligibility Dilemma

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Filed: TN Visa Timeline

Hello people please forgive me if I have been stupid because we've never used a lawyer and my wife has handled almost everything right from 2 years green card till 10 years. Right now I am in tumultuous state. Here is the whole story to cut it short. My wife left a month before I got my 10 year. We are still doing things together. We just don't live in same apartment. We file tax, insurance, and do things except some few minor things that she does in the her place. However after a year of living separately. She suggested that I file for citizenship because I was trying to obtain a job that requires citizenship and I couldn't get it. She put in the paperwork for under 3 year rule. I thought she understands the process than I do because she was born here. But little did I know that I have been stupid. Papers were sent, I got fingerprinted, and interview showed up. The interview letter requested that I submit evidence that we are in martial union. I took with me house lease we rented this new place together because my credit score was not good enough but she doesn't stay with me most times. She has her own place. We see each other almost every week. The Official at interview asked for all the papers I took because he said the "burden was on me to prove to me" that we were living together. I provided all I took with me. My wife said there will be no problem since we are still married. If I had found this forum before now God I would have been better off. But the interview went fine not knowing if I was lying or not, but I think I might have lied after finding out that you must be physically living with your spouse. However we have been married for 4 years only 1 year apart now. We lived together for the other 3 years. Three weeks ago I got an oath ceremony letter with some questions that I should indicate if my wife and I have lived separately since interview. I need someone to help me please. Did my wife knew this and decided to still do it or is it just that she's mean to me. I do not want to take a citizenship when I did not pass through all right means. Although my case was approved but I am not ok if in future they find anything especially I am planning a professional career in the future I do not want anything to jeopardize me. I can wait for 5 years to apply. Please help!

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

we can't say if she was mean to you or if she did it on purpose to hurt you, but you don't qualify for citizenship now that you are separated and you should have asked about it yourself before you filed to know if it was ok or not and not rely on what she is telling you

as you stated, you must be living together as a bona fide marriage

now if you want to do the right thing and not lie, then don't go and apply again when you have 5 years of being a GC holder, because you lied at the interview, making it as if you are still a real married couple

will you be getting a divorce?

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Filed: TN Visa Timeline

hi

we can't say if she was mean to you or if she did it on purpose to hurt you, but you don't qualify for citizenship now that you are separated and you should have asked about it yourself before you filed to know if it was ok or not and not rely on what she is telling you

as you stated, you must be living together as a bona fide marriage

now if you want to do the right thing and not lie, then don't go and apply again when you have 5 years of being a GC holder, because you lied at the interview, making it as if you are still a real married couple

will you be getting a divorce?

Yes I think I will because she's asking for a divorce already. I will let her go and start my life. Do you think this will affect me if I apply under 5 year rule in the future? Should I go to the Oath ceremony or not go at all? They said on the letter if I can't go I should state reason why..

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

don't go and reapply 90 days before your 5th year

it won't affect you because citizenship is optional, you will still be a GC holder, no one is forcing you to become a USC

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Filed: TN Visa Timeline

hi

don't go and reapply 90 days before your 5th year

it won't affect you because citizenship is optional, you will still be a GC holder, no one is forcing you to become a USC

Okkk. What if they ask me in the future why didnt I show up? I am not going I just dont want any trouble living this country. Who knos after the divorce my same wife can burst me in the future that i lied. Thank you!

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

you probably will be asked at the interview, be truthful and say that you didn't want to continue the process because you found out that you weren't eligible at the time and you wanted to do it the right way

as long as you don't take the oath ceremony and become a USC, you haven't done anything wrong that you can't correct

Edited by aleful
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Filed: Citizen (apr) Country: Ecuador
Timeline

The OP has closed his account, so this thread is also closed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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