Complicated question

[Ontarkie 13,915]

A letter from your ex wife is not going to help anyone. It can actually cause big problems. Your lawyer does not care what issues your ex wife will have with giving you this letter. 

 

You and your ex filed joint ROC while separated. That in itself does not always equal a denial but only if you were trying to work on your marriage. If the marriage was over she should have filed with a divorce waiver. 

 

Filling for USC under the 3 year rule is a big no no when separated. You both here could be in a world of trouble. 

[geowrian 22,335]

Agreed...there are a few ways this could go south for both the OP and even their former spouse.

[LoganSKT 0]

I think I have my answer, thank you everyone for contributing.

[little immigrant 800]

9 hours ago, LoganSKT said:

 

Thank you for giving me your point of view. I appreciate it.

 

Yeah I have to admit that my timeline is little bit off. We were physically separated after she already submitted her “removal of conditioned resident” form. So after we separated, I do not want to explain anything to the USCIS. We were remained separated but not divorce because the nature of my schooling and we were not financially stable there to afford a divorce. I just agree to sign her naturalization petition after that but we still remain separated. My lawyer said that if she is willing to sign a affidavit explaining the timeline of our relationship, that could be helpful.

 

I just want some honest point of view and suggestion on what else should I do to make it works.  Thank you. 

Does the USC sign anything on the N400 under the 3 year rule? I just skimmed through the N400 and I couldn't find any place where the N400 requires the USC spouses' signature. I know this is the case for ROC.

 

Also what did you answer under Part 10, question 1? You should have check marked Separated and that would have led to a denial of the application. If you said Married that could get her in trouble. For you, I don't know.

 

Please someone correct me if I'm wrong.

[LoganSKT 0]

Yeah we were married. To be honest, I think that what get me. I will wait to rebuild my new relationship and start the process over counting this point. Thank everyone for advice. 

[HRQX 4,145]

9 hours ago, geowrian said:

if it's the 3 year rule and you were separated, then that's a bigger issue. One must remain in "marital union" up until the point of filing. Being separated (either legally or physically due to not wanting to stay together anymore) disqualifies one from this, per the USCIS policy manual.

Yup; it's clear misrep by OP's ex. But the N-400 itself doesn't have a signature box for the USC spouse: https://www.uscis.gov/system/files_force/archive/delete/n-400.pdf (the current version has been in use since 12/23/2016)

Edited August 20, 2019 by HRQX

[Daisy.Chain 317]

4 hours ago, Nat&Amy said:

problem is that your ex-wife could NOT have filed under the 3 year rule without a divorce decree.

She could not legally have filed under the three year union if not in marital union. Being separated and not trying for reconciliation or being divorced would mean the 5 year, not 3 year rule.

[little immigrant 800]

9 minutes ago, HRQX said:

Yup; it's clear misrep by OP's ex. But the N-400 itself doesn't have a signature box for the USC spouse: https://www.uscis.gov/system/files_force/archive/delete/n-400.pdf (the current version has been in use since 12/23/2016)

Thank you. I couldn't find one either so I'm not sure what OP meant by "I just agree to sign her naturalization petition"

[Daphne . 1,670]

5 hours ago, LoganSKT said:

Yeah we were married. To be honest, I think that what get me. I will wait to rebuild my new relationship and start the process over counting this point. Thank everyone for advice. 

I think you are missing the point...

 

The start time of your relationship is not the biggest issue (people start new relationships while still married). The timeline and your possible cooperation in misrepresentation in your ex-partners case is the issue. If you file a new petition for your current partner and you have to disclose previous petitions, you might end up opening that can of worms.. 

[randomstairs 265]

How did you become a USC, if you don't mind me asking? 

[LoganSKT 0]

18 minutes ago, Daphne K said:

I think you are missing the point...

 

The start time of your relationship is not the biggest issue (people start new relationships while still married). The timeline and your possible cooperation in misrepresentation in your ex-partners case is the issue. If you file a new petition for your current partner and you have to disclose previous petitions, you might end up opening that can of worms.. 

I mean, I get what you trying to say. There nothing much I can do. If I have to disclose it I just have to tell the truth, there no way lying around it. Worst case scenario, I’ll move to Vietnam and work and we just have to give up on the American dream, I cannot do anything else about this. 

 

17 minutes ago, randomstairs said:

How did you become a USC, if you don't mind me asking? 

I am a daughter of American citizen.

 

Thanks everyone for advice. 

[Russ&Caro 1,548]

You can have the moderators close this thread if you've received all the advice you need. Just post the request here.

[LoganSKT 0]

May i request closing of this thread please?