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Milly1980

Obtaining Citizenship while divorcing

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Filed: AOS (apr) Country: Philippines
Timeline

I would say yes if you take the interview and oath before the divorce ends... but you might be playing the system by saying you're married but planning/going through a divorce at the same time.... Not sure how they would view that during the interview process.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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Filed: Citizen (apr) Country: Denmark
Timeline

No you'll have to waiter the 5 year. Otherwise I'll see it as lying on the forms ad interview when you have to say you live together and are married and bla bla.

 

 

Edited by Georgia16

 

 

 

 

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Filed: Citizen (apr) Country: Denmark
Timeline
1 minute ago, Milly1980 said:

My question is;

A spouse of USC can apply for Citizenship after 3 years of marriage right?

If the couple  got divorce during this 3 years does it affect to this 3 years of waiting time? 

Yes. Then it will be 5 years.

 

 

 

 

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Yes, you have to wait the 5 years. 

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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A clue to your question is right at the start of the N-400 form - question 1) box B

 

"Have been a lawful permanent resident of the United States for at least 3 years. In addition, you have been married to and living with the same U/S Citizen spouse for the last 3 years, and your spouse has been a U.S Citizen for the last 3 years at the time you filed your Form N-400"

 

(My bolding)

 

I read differing reports on this. Some say that if it is true when you file, that once filed, you can separate/divorce and it will not affect the process, others say that at the time of the interview and/or oath you must still be living in 'marital union' (that is the phrase you need to research) or you will be denied and have to wait the extra two years.  I find more evidence pointing to the latter scenario if I am honest.

 

Regardless of what you choose to do, do observe the golden rule : do not ever lie to USCIS. Ever.

 

 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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12 hours ago, Milly1980 said:

Hello Everyone,

I am a 10 year Green Card Holder, My husband is a US Citizen

Can I still apply for citizenship in 3 years if I will divorce him ? 

 

Thank you,

No, you cannot apply in 3 years, instead you have to wait 5 years. You only can apply in 3 years if you are married with the same USC who filed the petition.

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Filed: Citizen (apr) Country: Colombia
Timeline

Deal with your divorce. There's a lot of important matters to deal with in ending a marriage. Don't be distracted by other stuff.

 

Worry about citizenship later.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

You can choose to lie now and get your citizenship but risk a revocation later if this lie should come out.

And revocation for misrepresentation has no statutory of limitation.

If i were you, I would wait till 5yrs if you have filed any paperwork or retained a lawyer for your impending divorce. <<<those are paper trail of evidence you cant hide.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Filed: Timeline
On 2/15/2017 at 4:08 PM, mindthegap said:

A clue to your question is right at the start of the N-400 form - question 1) box B

 

"Have been a lawful permanent resident of the United States for at least 3 years. In addition, you have been married to and living with the same U/S Citizen spouse for the last 3 years, and your spouse has been a U.S Citizen for the last 3 years at the time you filed your Form N-400"

 

(My bolding)

 

I read differing reports on this. Some say that if it is true when you file, that once filed, you can separate/divorce and it will not affect the process, others say that at the time of the interview and/or oath you must still be living in 'marital union' (that is the phrase you need to research) or you will be denied and have to wait the extra two years.  I find more evidence pointing to the latter scenario if I am honest.

 

Regardless of what you choose to do, do observe the golden rule : do not ever lie to USCIS. Ever.

 

 

 

Thank you for your honest advise, I am not even thinking to lie, just I could not find the answer to my question about " Will divorce affect to obtaining Citizenship in 3 years?" I have got to many different answers from people thats the reason why I posted this Topic on this website

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