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Brenda CastroSama

Moved out after being sworn in as usa citizenship

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Filed: FB-1 Visa Country: Israel
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Can my spouse get in trouble for moving out and closing our joint counts after he was sworn in December 4, 2020. Started acting nasty and mean with me now. Moved in with someone else he is having an affair with. This happened less than a month.

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None of those things sound illegal.

Edited by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

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Filed: Citizen (apr) Country: Russia
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Unless there is any concrete evidence of some sort of immigration fraud, I agree with @Lucky Cat.

 

Sorry to hear about your troubles.


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Filed: K-1 Visa Country: Wales
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Could be divorce issues but not immigration ones


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Jordan
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In trouble for what? He's a citizen now, this is a personal issue, not an immigration issue.

Just be happy that now you're off the hook for the affidavit of support.



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4 minutes ago, Cathi said:

Just be happy that now you're off the hook for the affidavit of support.

Exactly....Good point, @Cathi


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: Citizen (apr) Country: Canada
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10 hours ago, Brenda CastroSama said:

Can my spouse get in trouble for moving out and closing our joint counts after he was sworn in December 4, 2020. Started acting nasty and mean with me now. Moved in with someone else he is having an affair with. This happened less than a month.

Nope.


03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

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Filed: AOS (apr) Country: Morocco
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11 hours ago, Brenda CastroSama said:

Can my spouse get in trouble for moving out and closing our joint counts after he was sworn in December 4, 2020. Started acting nasty and mean with me now. Moved in with someone else he is having an affair with. This happened less than a month.

Its a civil matter, meaning divorce court, not an immigration matter.

 

Change your locks, protect yourself financially- credit cards, banking and whatever else you had joint  and move on.

Sorry this happened to you,   sadly it happens a lot. 


 

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Filed: Citizen (apr) Country: India
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So sorry for your situation. But he hasn't broken any law. Unless he committed some illegal act, you just have to deal with it in the Family court. Talk to a divorce attorney.

The timing make his intentions suspect, but don't know what case you can build based on that. Again talk to an attorney.

You might be feeling betrayed right now and seeking some sort of revenge. But I assure you, the pain will pass. Don't hang on to the negative feelings. Make a clean break and start a fresh life. 

 

Good luck.

 


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Filed: Citizen (apr) Country: Russia
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**Moved from US Citizenship Case Filing and Progress Reports to Off Topic**


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I am not sure of what most people here are talking about. All talking about how this is a civil issue and everything. Did you even read the OP's claim that, they were together everything was fine, then as soon as he took the oath (everything immigration wise was done) then he went south? Have you ever heard of immigration fraud? Have you ever heard of GC revoked? Have you ever heard of even Denaturalization? 

To the OP, if there is proof that he was with you for immigration purposes, Green cards can be revoked and naturalizations too. What some don't understand is that when they make you sign those papers for n400 and other immigration purposes, the reason is so USCIS can use that against you should they discover you had lied to either deny you permanently or temporarily legally if they catch it before, or go back and strip you of what they have given you. What kind of advice by non lawyers is this? That someone would possibly have lied to get an immigration benefit and yet it's a civil matter? 

OP, there is a civil litigation side to this (divorce), but YES! if you can demonstrate that your spouse in anyway lied during the process and had clear intent to leave as soon as he was done "using" you for immigration purposes it is a violation. That's the whole concept of immigration fraud, which some apparently don't understand. On top of that should they ever discover this and they discover that you had a role in this, you too would face a fine and possibly jail time. I recommend you talk to a real lawyer on this one, but I believe your options would be to just deal with him at the divorce, and not suspect that he stayed just for immigration purposes in which case you have no proof and nothing could ever come back to you, or you take the time energy and possibly money to try and prove that he deceived USCIS. Even though you were still legally married at the time and all, the n400 application if based on the 3 year rule especially can still be fraudulent. But again, you would have to prove that he was in deception already then and possibly that he had an affair then when you all had your interview and he feigned to still be committed and then once he got his oath he left. I have seen good advice on the forum and bad advice, a lot of these were pretty awful.

Talk to a lawyer if you have doubts or just move on with the divorce and let that other part go, but also remember that if it can be proven that you knew then you are an accomplice.

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23 minutes ago, ThaOne said:

I am not sure of what most people here are talking about. All talking about how this is a civil issue and everything. Did you even read the OP's claim that, they were together everything was fine, then as soon as he took the oath (everything immigration wise was done) then he went south? Have you ever heard of immigration fraud? Have you ever heard of GC revoked? Have you ever heard of even Denaturalization? 

To the OP, if there is proof that he was with you for immigration purposes, Green cards can be revoked and naturalizations too. What some don't understand is that when they make you sign those papers for n400 and other immigration purposes, the reason is so USCIS can use that against you should they discover you had lied to either deny you permanently or temporarily legally if they catch it before, or go back and strip you of what they have given you. What kind of advice by non lawyers is this? That someone would possibly have lied to get an immigration benefit and yet it's a civil matter? 

OP, there is a civil litigation side to this (divorce), but YES! if you can demonstrate that your spouse in anyway lied during the process and had clear intent to leave as soon as he was done "using" you for immigration purposes it is a violation. That's the whole concept of immigration fraud, which some apparently don't understand. On top of that should they ever discover this and they discover that you had a role in this, you too would face a fine and possibly jail time. I recommend you talk to a real lawyer on this one, but I believe your options would be to just deal with him at the divorce, and not suspect that he stayed just for immigration purposes in which case you have no proof and nothing could ever come back to you, or you take the time energy and possibly money to try and prove that he deceived USCIS. Even though you were still legally married at the time and all, the n400 application if based on the 3 year rule especially can still be fraudulent. But again, you would have to prove that he was in deception already then and possibly that he had an affair then when you all had your interview and he feigned to still be committed and then once he got his oath he left. I have seen good advice on the forum and bad advice, a lot of these were pretty awful.

Talk to a lawyer if you have doubts or just move on with the divorce and let that other part go, but also remember that if it can be proven that you knew then you are an accomplice.

I would be surprised if the OP has been holding proof of fraud for several years.   The OP has not mentioned a single element of fraud...only symptoms of a failed marriage.  


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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1 minute ago, Lucky Cat said:

I would be surprised if the OP has been holding proof of fraud for several years.   The OP has not mentioned a single element of fraud...only symptoms of a failed marriage.  

The oath took place December of 2020. Just a month and a half ago. So after that he met someone had an affair and in less than 1 month and a half moved in with the person? Come on? Yes! As you state, it's obviously a failed marriage. But if the guy knew he was having an affair (I would be surprised he didn't) prior to his interview and sat down before the officer at the interview and pretended to be in a loving relationship with his wife, how do you qualify that? Did he not lie to the officer? And what happens do you reckon when USCIS finds out you lied? What do you think happens if you don't disclose a crime you committed in your country and did not mention it on the form and some time later USCIS finds out about it even after having granted your n400? Do you think they say that since they didn't catch it at the time, then it's okay? Come on.

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