N400 Naturalization with an expired ex parte restraining order

[ultra94 0]

Hi VisaJourneyer,

 

I have a question regarding N400 naturalization with an expired ex parte restraining order and would like to hear your opinion.

 

Long story short, my ex filed a restraining order against me with the false allegation while we went through the divorce process in 2017, and the restraining order expired in 2019. I was not even aware and was not served at that time, as I was hiding from her since she had an anger control issue, and was the one who did violence on me in the past. I sought for lawyer's help and soon after I finished the divorce papers, I moved to another state, found a decent job, and started a new life.

 

Regarding this ex parte restraining order, I was not aware, I was not served, I did not violate any part of it anyway. I was physically and mentally exhausted and just wanted to hide from her and got away as soon as possible. 

 

Fast forward, I meet 5-year time requirements for naturalization now from the date I got my green card, but I am concerned about the impact such expired restraining order could have on my application. Should I continue waiting until after 5 years after the expiration date of ex parte restraining order, or am I good to apply for naturalization now? Also, how long do I still need to keep all the evidence I had with her?

 

PS. She can say whatever she wanted to say, but I did not do any violence on her. Instead, she was the one who did violence on me, and I never missed any part of my past with her.

 

Thank you for your opinion.

Edited May 29, 2022 by ultra94

[African Zealot 1,452]

Go ahead and apply. A restraining order doesn’t preclude you from establishing good moral character required for naturalization. Have all the information about it, and disclose it in your application and carry along when your interview is scheduled.

[Family 3,478]

18 hours ago, ultra94 said:

Long story short, my ex filed a restraining order against me with the false allegation while we went through the divorce process in 2017, and the restraining order expired in 2019. I was not even aware and was not served at that time, as I was hiding from her since she had an anger control issue, and was the one who did violence on me in the past. I sought for lawyer's help and soon after I finished the divorce papers, I moved to another state, found a decent job, and started a new life.

First, get your ducks in a row, so to speak and have a good look at your dates  from date of LPR ( I-485) to Assuming I-751 based on Divorce waiver in 2019 and already approved. .because 2017 seems to be the year of LPR and Restraining Order ( thus separation date that would have been disclosed in the I-751..) 
 

So if she got a TRO ( temporary restraining order ), how did she manage to get a “ permanent “ or 2 year order on the date of hearing , without serving you? 
 

You mentioned you got an attorney for the divorce…surprised he did not challenged the Restraining Order for lack of service……do you know why he let that be on your record? At a minimum he or you should have obtained a complete copy of the Restraining Order as your wife filed w court….since you indicate you don’t know what she said in RO that was granted.

 did you get attorney for I-751 ? 
 

I expect they will look closely at the dates of your marriage/ divorce ( and maybe peek at or ask about date of separation) and manner of I-751 and date of approval….even though you are filing on the 5 year rule. 

 

There is no place on N-400 to disclose a non criminal proceeding ( restraining order), so DON’T send anything or volunteer info when applying. At interview, be prepared for the questions . 
 

Keep all marriage related documents until you are a USC and after that just the marriage/ divorce docs.
 

 

[ultra94 0]

31 minutes ago, Family said:

First, get your ducks in a row, so to speak and have a good look at your dates  from date of LPR ( I-485) to Assuming I-751 based on Divorce waiver in 2019 and already approved. .because 2017 seems to be the year of LPR and Restraining Order ( thus separation date that would have been disclosed in the I-751..) 
 

So if she got a TRO ( temporary restraining order ), how did she manage to get a “ permanent “ or 2 year order on the date of hearing , without serving you? 
 

You mentioned you got an attorney for the divorce…surprised he did not challenged the Restraining Order for lack of service……do you know why he let that be on your record? At a minimum he or you should have obtained a complete copy of the Restraining Order as your wife filed w court….since you indicate you don’t know what she said in RO that was granted.

 did you get attorney for I-751 ? 
 

I expect they will look closely at the dates of your marriage/ divorce ( and maybe peek at or ask about date of separation) and manner of I-751 and date of approval….even though you are filing on the 5 year rule. 

 

There is no place on N-400 to disclose a non criminal proceeding ( restraining order), so DON’T send anything or volunteer info when applying. At interview, be prepared for the questions . 
 

Keep all marriage related documents until you are a USC and after that just the marriage/ divorce docs.
 

 

Thank you very much for your response.

 

I did have a lawyer at that time for my divorce but I have no idea why he did not challenge the restraining order, and I do not know why she got a 2 year restraining order without serving me and hearing without me. I was not an expert on domestic laws and just followed what my lawyer said, signed the agreement, and ended this nightmare asap.

 

I do not think I have any issue timeline wise: I filed I751 with divorce waiver on my own after my divorce decree was finalized and it was approved. I met her many years ago in college before we got married so it was a bona fide marriage with a lot of evidence to support.

 

I was wondering where I should disclose this but I cannot seem to find it in the N400 application. Some people said I need to disclose it but some others said I do not need to unless being asked and I am confused.

 

 

[Family 3,478]

1 minute ago, ultra94 said:

I was wondering where I should disclose this but I cannot seem to find it in the N400 application. Some people said I need to disclose it but some others said I do not need to unless being asked and I am confused.

Stop looking, because there is NO question on N-400 . It is not a criminal issue, nor civil citation of any kind. ..so you don’t file anything. 

I assumed your ai-751 was Divorce Waiver , thanks for confirming.

At the interview, they will ask questions, as they will see the RO in a name check, and you can respond short and truthfully as you posted above…take NOTHING with you …and they may not ask you to provide anything…but if they do ask for ANYTHING like court/ copies simply tell the officer to issue RFE , cut the discussion short and politely tell him you will have to try and get records. 
 

The only fly in t

date of LPR ? 

date of separation as entered in the Divorce Filing and as stated in the I-751/? ….THIS THEY will / may or may not …ask for. 

But I asked in previous post and you did not address. 

 

[ultra94 0]

56 minutes ago, Family said:

Stop looking, because there is NO question on N-400 . It is not a criminal issue, nor civil citation of any kind. ..so you don’t file anything. 

I assumed your ai-751 was Divorce Waiver , thanks for confirming.

At the interview, they will ask questions, as they will see the RO in a name check, and you can respond short and truthfully as you posted above…take NOTHING with you …and they may not ask you to provide anything…but if they do ask for ANYTHING like court/ copies simply tell the officer to issue RFE , cut the discussion short and politely tell him you will have to try and get records. 
 

The only fly in t

date of LPR ? 

date of separation as entered in the Divorce Filing and as stated in the I-751/? ….THIS THEY will / may or may not …ask for. 

But I asked in previous post and you did not address. 

 

I may have missed anything but I did not find any place where I filled out the date of separation on I-751, only the date of divorce. Please kindly advise. Thank you.

[Family 3,478]

It is not a direct question on I-751 .. but the list of addresses gives them a timeline for when you last listed joint addresses . So just be mindful that your I-751 was already approved, you are filing under 5 year rule so  IF you get questions Re the marriage/ divorce/ DV order of protection, keep answers truthful , to the point and short. 
Although you had a long relationship ( college days), it appears from your dates that you got LPR in 2017 ( but that is also year of DV filling/ separation)..so a very short marriage, nonetheless…

 

You should be fine, I believe in being prepared for any questions and that it is better to get an RFE rather than go on and on about things that may  seem unrelated to Good Moral Character and relevant qualifications for the N-400. ..