Jump to content

15 posts in this topic

Recommended Posts

Posted

My husband applied for his citizenship a few weeks ago. He applied under the 3 year terms but he will have his green card for 5 years in February. We applied late for the 3 year and early for the 5 year. We are going to be filing for a divorce and entered the marriage for the right reason but cannot reconcile at this point. Since he will meet the 5 year requirements in february can we get a divorce during this time. So then when he would go in to interview he would just take documentation stating that we are divorced? His estimate is 8 months for the citizenship where the divorce estimate is 4 months. 

 

Thank you for your help!

Posted

If you remain married until after the oath ceremony, you’re fine. If you officially divorce before that, then the N-400 must be denied, sorry. The fact that you could then refile under the 5 year rule doesn’t change that.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

I agree, he is probably best waiting to file based on the 5 year rule in November/December timeframe to avoid the potential for a denial at the oath ceremony.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (pnd) Country: Egypt
Timeline
Posted
16 hours ago, HelpPlease12 said:

My husband applied for his citizenship a few weeks ago. He applied under the 3 year terms but he will have his green card for 5 years in February. We applied late for the 3 year and early for the 5 year. We are going to be filing for a divorce and entered the marriage for the right reason but cannot reconcile at this point. Since he will meet the 5 year requirements in february can we get a divorce during this time. So then when he would go in to interview he would just take documentation stating that we are divorced? His estimate is 8 months for the citizenship where the divorce estimate is 4 months. 

 

Thank you for your help!

That's exactly what happened to me. I applied under the 3 year rule and when my interview came I was divorced but I was eligible under the 5 year rule. He denied me and recommended me to apply again under the 5 year rule. Check my timeline under the signature part

01I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

03/15/2019: Had to file I90 since no card was sent

01/28/2020: Card is being produced (I751)

02/03/2020: Card in hand (I751)

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

01/22/2020: Case changed to Interview was scheduled for 03/06/2020

03/16/2020: Denied for a dismissed criminal case 3 years ago

04/22/2020: Filled N336 to appeal the decision

 

  • 11 months later...
Posted
On 10/11/2019 at 11:27 AM, MohU3 said:

That's exactly what happened to me. I applied under the 3 year rule and when my interview came I was divorced but I was eligible under the 5 year rule. He denied me and recommended me to apply again under the 5 year rule. Check my timeline under the signature part

Did you get approved yet? How was the interview goes?

Posted

Hi all, 

Sorry to piggy back off this thread - i divorced my spouse as well, so I need to wait until next year to file for citizenship. It'll be 5 years then. 

My question is, my current husband to be is undocumented as well. Would it be better to wait to get married after I file for citizenship? Or should that not affect my application at all?

 

Thanks in advance.

Filed: Citizen (pnd) Country: Egypt
Timeline
Posted
15 hours ago, ShawnSpiker said:

Did you get approved yet? How was the interview goes?

I got denied for my N400 and I filed for N336 to appeal and waiting for another interview since 4/2020

 

01I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

03/15/2019: Had to file I90 since no card was sent

01/28/2020: Card is being produced (I751)

02/03/2020: Card in hand (I751)

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

01/22/2020: Case changed to Interview was scheduled for 03/06/2020

03/16/2020: Denied for a dismissed criminal case 3 years ago

04/22/2020: Filled N336 to appeal the decision

 

Posted
3 minutes ago, MohU3 said:

I got denied for my N400 and I filed for N336 to appeal and waiting for another interview since 4/2020

 

Why did you get denied?

Was it because you applied under the 3 year rule after you got a divorce?

Filed: Citizen (pnd) Country: Egypt
Timeline
Posted
14 minutes ago, slee0000 said:

Why did you get denied?

Was it because you applied under the 3 year rule after you got a divorce?

The first time I got denied for that reason. Then I applied under the 5 year rule and got denied cause I had a criminal case back in 2017 which was dismissed by court but still got denied for it that's why I'm appealing it.

01I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

03/15/2019: Had to file I90 since no card was sent

01/28/2020: Card is being produced (I751)

02/03/2020: Card in hand (I751)

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

01/22/2020: Case changed to Interview was scheduled for 03/06/2020

03/16/2020: Denied for a dismissed criminal case 3 years ago

04/22/2020: Filled N336 to appeal the decision

 

Posted
7 minutes ago, MohU3 said:

The first time I got denied for that reason. Then I applied under the 5 year rule and got denied cause I had a criminal case back in 2017 which was dismissed by court but still got denied for it that's why I'm appealing it.

Ahhh dang.. hope you're able to appeal. Good luck!! 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

**Moved from USC Case Filing and Progress Reports to USC General Discussion**

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Posted
On 9/24/2020 at 12:08 PM, MohU3 said:

I got denied for my N400 and I filed for N336 to appeal and waiting for another interview since 4/2020

 

How did your case got dismissed? did you ever plead guilty or had a deferral prosecution or any special agreement? Did the USCIS officer asked you any questions regarding your dismissed case? I am asking because I am in a similar situation just trying to get your experience.

Filed: Citizen (pnd) Country: Egypt
Timeline
Posted
On 9/26/2020 at 5:54 PM, seetsuh said:

How did your case got dismissed? did you ever plead guilty or had a deferral prosecution or any special agreement? Did the USCIS officer asked you any questions regarding your dismissed case? I am asking because I am in a similar situation just trying to get your experience.

No Plea was entered. It was special agreement I guess you can call it that. I Paid a fine and did community hours and then the case was dismissed. The officer did ask me about what happened and I was truthfully telling him the story. and after I was done I asked him specifically about it if it was gonna be a problem and he said no since it was dismissed 

01I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

03/15/2019: Had to file I90 since no card was sent

01/28/2020: Card is being produced (I751)

02/03/2020: Card in hand (I751)

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

01/22/2020: Case changed to Interview was scheduled for 03/06/2020

03/16/2020: Denied for a dismissed criminal case 3 years ago

04/22/2020: Filled N336 to appeal the decision

 

Posted
2 hours ago, MohU3 said:

No Plea was entered. It was special agreement I guess you can call it that. I Paid a fine and did community hours and then the case was dismissed. The officer did ask me about what happened and I was truthfully telling him the story. and after I was done I asked him specifically about it if it was gonna be a problem and he said no since it was dismissed 

O ok, sometimes those special agreements are tricky and may be considered a conviction for immigration purposes, or if you admit certain facts during the interview that would count too. If you can I would suggest get a lawyer to review everything for you.

Posted
3 hours ago, MohU3 said:

No Plea was entered. It was special agreement I guess you can call it that. I Paid a fine and did community hours and then the case was dismissed. The officer did ask me about what happened and I was truthfully telling him the story. and after I was done I asked him specifically about it if it was gonna be a problem and he said no since it was dismissed 

 

36 minutes ago, seetsuh said:

O ok, sometimes those special agreements are tricky and may be considered a conviction for immigration purposes, or if you admit certain facts during the interview that would count too. If you can I would suggest get a lawyer to review everything for you.

Indeed.

Was this special agreement a nolo contendere?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...