N-400 based on 5 year rule. Married to US citizen, now divorced. What should I expect at the interview?

[a_hocc 0]

Hello! I am waiting for my N-400 interview, based on 5 year rule after I got the LPR through marriage to a US citizen.

 

We got married in 2010, so we applied for a green card shortly after. After a first quick interview, we were called for a second one, in which we have been interrogated separately.

After a few weeks, we got a notice to intent to deny, with a list of discrepancies they found during our interview. We replied to each point, but they ended denying our case.

 

After the initial shock, we re-applied again. We were called to a third interview in may 2012, in which we were separated again, but we got approved.

 

We got separated at the end of 2012, she moved back to her mom's house, and later divorced on may 2013 due to some irreconcilable differences. We didn't have to file an I-751 as I got a 10 years GC (the whole process took a bit more than 2 years).

 

Should I expect to be questioned about that at my N-400 interview, even if I am applying under the 5 years rule? Should I bring any proofs of the bonafide marriage? I still have a few lease contracts and some bills, but not too much. I am really worried that could not be enough.

 

I thank you in advance for any suggestions.

[David & Diana R 1,005]

The timing of your "separations" is likely going to be questioned and highly scrutinized.  To an outsider it appears that there was visa fraud.  Separated and divorced right after 10 years green card?

[Hypnos 6,579]

I would anticipate close scrutiny. USCIS clearly had doubts regarding your case, and your timeline is only going to reinforce them and make them dig deeper.

[a_hocc 0]

Absolutely no fraud!

 

What can I do to be prepared at the interview?

besides what they ask, should I bring proofs to the interview or wait to see if they issue a RFE?

 

thank you!

[Going through 5,671]

Even though you're applying under the 5 year rule, that only prevents them from using your current marital status as a reason for denial.

That doesn't prevent them from looking into your marriage from the initial GC days, as the N400 adjudication is also a last-ditch attempt to ensure the greencard was properly approved from the get-go.

 

[a_hocc 0]

16 minutes ago, Going through said:

Even though you're applying under the 5 year rule, that only prevents them from using your current marital status as a reason for denial.

That doesn't prevent them from looking into your marriage from the initial GC days, as the N400 adjudication is also a last-ditch attempt to ensure the greencard was properly approved from the get-go.

 

Thank you for your answer!

 

of course, I expect them to question my marriage as it wasn’t an easy case. 

 

I am not worried about them questioning or “digging” into my previous marriage. 

I am just worried about the “proofs” I am able to gather before the interview. 

Divorce happened 5 years ago and I don’t have much joined documents left from that period. 

What happens if they ask for proofs and I won’t be able to fully satisfy their request?

[Going through 5,671]

As to how much scrutiny to expect----there will be some, as you had a total of two Stokes interviews before being approved for the conditional green card.  Stokes interviews are normally conducted when there is a suspicion of the marriage being entered into for immigration purposes (fraudulent).

 

Other than that, is your N400 application otherwise straightforward?  Any criminal history, past immigration dealings outside of your previous marriage, extended travel abroad etc.?

Edited July 30, 2018 by Going through

[Going through 5,671]

1 minute ago, a_hocc said:

Thank you for your answer!

 

of course, I expect them to question my marriage as it wasn’t an easy case. 

 

I am not worried about them questioning or “digging” into my previous marriage. 

I am just worried about the “proofs” I am able to gather before the interview. 

Divorce happened 5 years ago and I don’t have much joined documents left from that period. 

What happens if they ask for proofs and I won’t be able to fully satisfy their request?

They would then have to rely on whatever is already in your immigration file from before.  Hopefully you had provided substantial evidence then of a bonafide marriage?

[a_hocc 0]

3 minutes ago, Going through said:

As to how much scrutiny to expect----there will be some, as you had a total of two Stokes interviews before being approved for the conditional green card.  Stokes interviews are normally conducted when there is a suspicion of the marriage being entered into for immigration purposes (fraudulent).

 

Other than that, is your N400 application otherwise straightforward?  Any criminal history, past immigration dealings outside of your previous marriage, extended travel abroad etc.?

I had received the 10 years green card, as the whole process took a bit more than 2 years. Never had to remove conditions. 

 

We presented some documents, like joint bills, bank accounts, car insurance, pictures, rental leases. I still have some of them. 

 

My N-400 application is very straightforward. No criminal history, no past immigration issues and a few travel to my homecountry, all of them not exceeding 3 weeks stay. 

[Going through 5,671]

Sorry my mistake, missed the part about not having to do the ROC, however you still had the two separate Stokes interviews (which was my point).

 

Any idea of the interview date yet, or you still in the queue for scheduling?  Let us know what happens.

[a_hocc 0]

I am in queue. It is taking between 1.5 and 2 years so I expect it to be in the next 5-6 months. 

[Going through 5,671]

1 minute ago, a_hocc said:

I am in queue. It is taking between 1.5 and 2 years so I expect it to be in the next 5-6 months. 

Might be sooner than you expect.  My estimated case completion time was 19 months when I filed....took considerably faster than that.

[a_hocc 0]

13 minutes ago, Going through said:

Might be sooner than you expect.  My estimated case completion time was 19 months when I filed....took considerably faster than that.

I looked forward to it, but at this point, I don’t Know what to expect 😞 

[Teemo 252]

I know we're not supposed to be judgmental on this site...but yeesh. Either it was a sham marriage (of course you're gonna tell us it isn't) or USCIS somehow knew your marriage was flimsy and unstable before you did. Did you not see the signs of a shaky marriage when you couldn't pass a Stokes (separate) interview?

 

Anyway to your question: yes, expect to be scrutinized, and no, that is not enough evidence. A 2 year marriage where you live together should produce reams of bona fides coming out your wazoo. I am entering my 3rd year in my relationship and can easily produce 1,500 pictures of us with family, friends, and on vacation if asked. So a handful of old bills is not gonna cut it. You're at two strikes and you should take the potential of a 3rd strike very seriously. At the very least dozens of pictures and also, in this case, notarized affidavits from your ex and members of her family that your marriage was bona fide could be credible. But that's just a start. 

Edited July 31, 2018 by Teemo

[Going through 5,671]

22 minutes ago, a_hocc said:

I looked forward to it, but at this point, I don’t Know what to expect 😞 

In all honesty----getting separated around 6 months after getting approved for the GC is certainly going to raise some eyebrows, and will cause the IO to dredge up the past history/findings already recorded in your file.  

 

Hope for the best, prepare for the worst---that's all you can do at this point.