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Stephanie C

How will this impact his citizenship

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Husband immigrated on k1 May 2014, married July 2014. Hit a breaking point with his internet infidelity. He has his swearing in ceremony August 8th. I want a divorce. I don't want him to be on danger of deportation or have them think we only got married for immigration then get divorced the minute he's a citizen. Should I just sit on it for a year or something before filing? 

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Is this 3 or 5 year rule naturalization? 

If you want a divorce do it, nothing holding you back. 

If under 3 yr rule, he’ll have to withdraw his petition and wait until he qualifies under 5 yr rule. 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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On flip side once he is a US citizen you are no longer on the hook for affidavit of support.


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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5 hours ago, Stephanie C said:

Husband immigrated on k1 May 2014, married July 2014. Hit a breaking point with his internet infidelity. He has his swearing in ceremony August 8th. I want a divorce. I don't want him to be on danger of deportation or have them think we only got married for immigration then get divorced the minute he's a citizen. Should I just sit on it for a year or something before filing? 

It seems you are still concerned about him and means there are some room to work out on your marriage.  If not, follow the answers below.

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Posted (edited)
6 hours ago, Stephanie C said:

Husband immigrated on k1 May 2014, married July 2014. Hit a breaking point with his internet infidelity. He has his swearing in ceremony August 8th. I want a divorce. I don't want him to be on danger of deportation or have them think we only got married for immigration then get divorced the minute he's a citizen. Should I just sit on it for a year or something before filing? 

After being married this long he is in no danger of deportation.

 

His citizenship might be delayed an extra year or so.  Not your problem.  Hope his internet fun was worth it.

Edited by Nitas_man

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Depends on what kind of game you want to play and the rules of the game. As has been said above, if he filed under the 3-year rule (married to a US citizen), his application will no longer be valid since it is dependent upon being married to you. If he filed under the 5-year rule, you can't affect it at all. If he is that close to taking his oath and he is filing under the 3-year rule, filing for divorce now would show him there are real consequences to infidelity. However, be prepared for him to strike back and your divorce could get very nasty.

 

I sympathise with your situation -- found out after six years of marriage that my now ex-wife had been carrying on a long-distance affair with a very good friend of mine. She got sloppy, left her Facebook messenger open and I read well over two years of love notes between the two of them. I had had my suspicions for some time. We were even trying to conceive at the time all this was going on, glad it didn't happen, wouldn't have known if it was actually mine. I had been eligible for citizenship for some time under the 3-year rule but had waited until a week after I left her to file under the 5-year rule. Glad I did, there was nothing she could do about it by that point.

 

Best of luck to you going forward. Getting over infidelity can shake your foundation to the core, but one day it will be something you have overcome.

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