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LT22

Naturalization after receiving permanent GC (dicvorce)

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In July 2014 I married a US Citizen, during this time I was on my B1/B2 Visa and after getting married we did an adjustment of status. In Jan 2015 we had our in person interview and a week later, I received the conditional GC through marriage(obviously). In Oct 2016 I submitted the paperwork required to get conditions removed, at the beginning of 2017 my then wife and I started having issues in our marriage and we both decided to part ways as we started having cultural differences, and not being on the same page created a burden on the marriage. Seeing a marriage counselor made things even worse as she disagreed with almost everything he said (claiming the counselor was on my side). That same year (2017) she started the divorce process in which I agreed to, by Nov 2017 the divorce was finalized and in March, 2018 I received my permanent CG after waiting for over a year.  

 

I recently found out that I should have let immigration know about my situation, when my wife and I split up. On top of that I also learned that I needed to show proof of my divorce decree which I was not aware of either. Now that I started looking into possibly applying for citizenship I come to learn all these facts that I should have done/followed. I understand when it comes to Immigration laws there is no room for lack of knowledge/information as it's my responsibility to contact an attorney or look it up myself. 

 

Now, my understanding is there it is a possibility that the moment I apply for citizenship and go in for an interview and they find out how everything unfolded I could be facing deportation due not following the proper procedures per Immigration. 

 

Has anyone on this site been in a similar situation? if so, can you please share you story and explain how it was handled as well as the outcome of your situation.


Thank you,

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3 minutes ago, LT22 said:

In July 2014 I married a US Citizen, during this time I was on my B1/B2 Visa and after getting married we did an adjustment of status. In Jan 2015 we had our in person interview and a week later, I received the conditional GC through marriage(obviously). In Oct 2016 I submitted the paperwork required to get conditions removed, at the beginning of 2017 my then wife and I started having issues in our marriage and we both decided to part ways as we started having cultural differences, and not being on the same page created a burden on the marriage. Seeing a marriage counselor made things even worse as she disagreed with almost everything he said (claiming the counselor was on my side). That same year (2017) she started the divorce process in which I agreed to, by Nov 2017 the divorce was finalized and in March, 2018 I received my permanent CG after waiting for over a year.  

 

I recently found out that I should have let immigration know about my situation, when my wife and I split up. On top of that I also learned that I needed to show proof of my divorce decree which I was not aware of either. Now that I started looking into possibly applying for citizenship I come to learn all these facts that I should have done/followed. I understand when it comes to Immigration laws there is no room for lack of knowledge/information as it's my responsibility to contact an attorney or look it up myself. 

 

Now, my understanding is there it is a possibility that the moment I apply for citizenship and go in for an interview and they find out how everything unfolded I could be facing deportation due not following the proper procedures per Immigration. 

 

Has anyone on this site been in a similar situation? if so, can you please share you story and explain how it was handled as well as the outcome of your situation.


Thank you,

You won't be able to apply for citizenship under the 3 years marriage rule since you are not married to the US citizen. You will have to wait for the 5 year rule now. 

 

From what I've read on here, you should have let them know about the divorce. I don't know what will happen now that you get the green card. Maybe somebody else can inform you more. 

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Applying for citizenship allows them to review your entire immigration record and determine your eligibility for citizenship.  They will see that you removed your conditions from our green card when you were no longer eligible to remove them as being married.  also, since you did not file a divorce waiver, they will determine you misrep for the immigration benefit.  

 

You need to consult a lawyer.  


Phase I - IV - Completed the Immigration Journey 

 

 

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This is not a unique situation and I've seen others here on VJ relate similar stories. I would do a thorough search of the forums to discover how other people handled it. But the advice given, i.e. consulting an attorney, is good advice.


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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Posted (edited)

During this time I also had a DUI (1st and last one), which I'm on probation for at least 3 years. I'll petition the Court to terminate probation early and then apply for an expungement afterwards. The other option that I have is to join the Military once my probation is over and obtain Citizenship through that route. All I need is just opinion from people who have been through a similar situation as mine. 

 

Edited by LT22

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11 minutes ago, Russ&Caro said:

This is not a unique situation and I've seen others here on VJ relate similar stories. I would do a thorough search of the forums to discover how other people handled it. But the advice given, i.e. consulting an attorney, is good advice.

Thank you!

50 minutes ago, Pinkrlion said:

Applying for citizenship allows them to review your entire immigration record and determine your eligibility for citizenship.  They will see that you removed your conditions from our green card when you were no longer eligible to remove them as being married.  also, since you did not file a divorce waiver, they will determine you misrep for the immigration benefit.  

 

You need to consult a lawyer.  

Working on that with my lawyer, thank you for your response! 

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Posted (edited)
12 hours ago, LT22 said:

During this time I also had a DUI (1st and last one), which I'm on probation for at least 3 years. I'll petition the Court to terminate probation early and then apply for an expungement afterwards. The other option that I have is to join the Military once my probation is over and obtain Citizenship through that route. All I need is just opinion from people who have been through a similar situation as mine.

Terminating probation (or waiting it out) will be necessary. They cannot approve the N-400 while on probation.

The expungement would be for personal reasons. It still must be reported and provide documentation, and they will know about it. A DUI may or may not be an issue depending on the circumstances (i.e. if children were involved, if you didn't have a valid license or registration at the time, etc.).

Citizenship via the military is fine, but would have the same review of the entire immigration file.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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