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

[a_hocc 0]

13 minutes ago, Teemo said:

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. 

Thank you for your answer Teemo. 

No, it wasn’t a sham marriage and you should not make this kind of comments.

 

of course I have pictures of both of us. We stayed together for 3 years. I still have documents, bills, etc. Not many, as divorce happened 5 years ago. 

 I just asked if I needed to bring them to my interview, and how to make sure what could be enough for USCIS. I thought this forum was meant to share suggestions and experiences, not to be judged by people you don’t know. 

[a_hocc 0]

5 minutes ago, Going through said:

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.

I always knew that was going to happen.

 

My concerns where on what could be “enough” evidence for USCIS. What worries me the most it that 5 years have passed and the documentation I can show them is limited. For example, I could only manage to find one old bank statement (received after getting GC), went to the bamk to ask for more and they said they don’t keep documents for that long. 

[Going through 5,675]

1 minute ago, a_hocc said:

I always knew that was going to happen.

 

My concerns where on what could be “enough” evidence for USCIS. What worries me the most it that 5 years have passed and the documentation I can show them is limited. For example, I could only manage to find one old bank statement (received after getting GC), went to the bamk to ask for more and they said they don’t keep documents for that long. 

They will have access to your entire immigration file so will see whatever you  have presented in the past, as well as any notes documented by other IOs in the past interviews, as well as any recorded answers you and your ex-wife gave.

 

Unfortunately, you can't give them what you don't have.

[a_hocc 0]

4 minutes ago, Going through said:

Unfortunately, you can't give them what you don't have.

 

That is what frustrates me the most. I should have kept every document produced after the final interview, back in 2012.

[dirtyhippiegirl 85]

12 hours ago, Teemo said:

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. 

I have been married for 11 years, we lived together for 3 years before that, and I don't think we've taken 1500 pictures of us together, let alone possess that many pictures of us right now. That's...a lot of selfies.

[Russ&Caro 1,550]

No judgement here. 😉

 

Go back to the banks and any credit card institution that you shared and ask for more statements. The info that your one bank shared about not keeping records that far back is probably false, or perhaps you misinterpreted them. Generally you can get statements extending many years back. Often you have to pay for the service of them getting the documents out of archive and printing and sending them to you. Specifically ask for archived documents. Did you and your spouse go through counseling before separation and divorce? If so, bills associated with the counselor would be good to get. Again, go directly to the counselor and ask for copies of archived bills. Travel receipts are good too. Did you and your spouse take any vacations together? You might have online bills in your email account. Someone previously mentioned affadavits from you ex-spouse and their family. That's a good idea if you're still on friendly terms. And, of course, order any IRS tax transcripts that the USCIS doesn't already have, i.e. for the year(s) that you were married after receiving the green card.

[praizee 10]

Not trying to scare you but prepare for the worst and retain an attorney. 

 

It doesn't look good based on the history you provided. N400 is the last stage where they go deep into your history.

 

They will scrutinize your application and cause you some headaches for sure.

 

In the end though, you'll be fine but it won't be an easy road after a denial and several interviews to get approved and also a divorce shortly after you card was issues. 

 

If you can get affidavits from your ex wife and family  members, that should help alot

[BenevolentSith 6]

A lot of marriages ended up in divorce, it doesn't mean they are necessarily sham marriages. But they will definitely give you a hard time during your citizenship interview, I hope you have at least some recollection and proofs from the time you were still together. I concur with the suggestion to enlist the help of a (very good) immigration lawyer which deals with marriages cases.

[Mollie09 1,545]

14 hours ago, Going through said:

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.

Meh, my conditional GC was approved in July and we filed for divorce in December of the same year, my ROC was approved without interview. No eyebrows seemed to be raised. Depends on the evidence submitted.

[Going through 5,675]

15 minutes ago, Mollie09 said:

Meh, my conditional GC was approved in July and we filed for divorce in December of the same year, my ROC was approved without interview. No eyebrows seemed to be raised. Depends on the evidence submitted.

That's the thing, though....seems that USCIS has already in the past perceived their evidence not sufficient enough/raised suspicion of a fraudulent marriage based on prior evidence submitted, a previous denial, and conducting two Stokes interviews in the OP's case.

 

It's not the divorce that will be the issue----but the separation and divorce happening almost immediately after the GC was received in conjunction with all of this that will cause scrutiny again at the citizenship stage.

[SilverMonk 194]

So im just reading this topic out of curiosity since it was tagged as "hot".

 

I've read somewhere in the past that the beneficiary has to be married to the petitiotioner while filing for the Removal of Conditions or else the I-751 will most likely be denied. Is that not the case? Can people get divorced before getting the permanent green card and still be able to obtain the permanent green card if the relationship was entered in good faith when it started?

[a_hocc 0]

3 hours ago, Russ&Caro said:

No judgement here. 😉

 

Go back to the banks and any credit card institution that you shared and ask for more statements. The info that your one bank shared about not keeping records that far back is probably false, or perhaps you misinterpreted them. Generally you can get statements extending many years back. Often you have to pay for the service of them getting the documents out of archive and printing and sending them to you. Specifically ask for archived documents. Did you and your spouse go through counseling before separation and divorce? If so, bills associated with the counselor would be good to get. Again, go directly to the counselor and ask for copies of archived bills. Travel receipts are good too. Did you and your spouse take any vacations together? You might have online bills in your email account. Someone previously mentioned affadavits from you ex-spouse and their family. That's a good idea if you're still on friendly terms. And, of course, order any IRS tax transcripts that the USCIS doesn't already have, i.e. for the year(s) that you were married after receiving the green card.

When I went to the bank I gave them only my name, as I couldn’t find the account number. They were able to find a record of a debit card issued under my name, but not copies of statements.

I Actually found a statement (it was attached to a rental lease), so will try to go back and ask them to get a copy of a later statement using that information. I hope they can do that!

 

we didn’t go to a counselor and yes, I can obtain affidavit supports from her and her mom (only family she have). 

[a_hocc 0]

49 minutes ago, Going through said:

That's the thing, though....seems that USCIS has already in the past perceived their evidence not sufficient enough/raised suspicion of a fraudulent marriage based on prior evidence submitted, a previous denial, and conducting two Stokes interviews in the OP's case.

 

It's not the divorce that will be the issue----but the separation and divorce happening almost immediately after the GC was received in conjunction with all of this that will cause scrutiny again at the citizenship stage.

Thank you again. Yes, I am definitively aware of that. What worries me is whether or not the proofs I can provide them will be considered enough, or if they could consider them as unsatisfactory and deny my case for that reason, even if my GC was approved at the end and divorce happened 5 years ago. 

 

Again, I am not worried for the scrutiny nor the questions, just to be denied for information I am having a hard time recovering. 

[TM92 527]

15 minutes ago, SilverMonk said:

I've read somewhere in the past that the beneficiary has to be married to the petitiotioner while filing for the Removal of Conditions or else the I-751 will most likely be denied. Is that not the case?

It is common for ROCs filed after divorce to be approved; https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage:

Quote

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if you:

• Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
• Are a child and, for a valid reason, cannot be included in your parents’ application;
• Are a widow or widower who entered into your marriage in good faith;
• Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
• Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

[Mollie09 1,545]

1 hour ago, Going through said:

That's the thing, though....seems that USCIS has already in the past perceived their evidence not sufficient enough/raised suspicion of a fraudulent marriage based on prior evidence submitted, a previous denial, and conducting two Stokes interviews in the OP's case.

 

It's not the divorce that will be the issue----but the separation and divorce happening almost immediately after the GC was received in conjunction with all of this that will cause scrutiny again at the citizenship stage.

 

Oh yes, I don't disagree with that. Clearly the original application had problems.