Divorce and Citizenship

[HelpPlease12 0]

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!

[geowrian 22,336]

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.

[Dashinka 23,395]

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!

[MohU3 57]

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

[ShawnSpiker 4]

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?

[slee0000 13]

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.

[MohU3 57]

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

 

[slee0000 13]

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?

[MohU3 57]

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.

[slee0000 13]

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!! 

[millefleur 5,039]

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

[seetsuh 20]

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.

[MohU3 57]

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 

[seetsuh 20]

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.

[SusieQQQ 11,585]

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?