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Filed: Citizen (apr) Country: Greece
Timeline
Posted (edited)

I am scheduled to take the oath in 2 weeks. I strongly suspect the Naturalization Certificate will state that I am "divorced". Well, I think this is wrong - as my marriage has been annulled (the officer at the naturalization interview had the annulment decree in front of him - but said there was no checkbox for annulment in the form he had on his computer, so he checked "divorced". I believe he was in error" - he should have checked "single", but did not want to start a fight).

 

I can try explaining that at my oath ceremony, when they ask you to check for errors in the certificate. Assuming - and this is a big if - that they agree to change the thing, can they do it right there and then (essentially print a new certificate)? Or they will tell me "You are right. We will change it. But not now. Hence you are not leaving this building w/ a certificate today. We will mail one to you shortly".

 

The thing is, I do not want to have to wait! If it is going to take another month to get the "correct" certificate, I'd rather get one now, even w/ the "wrong" marital status. Waiting longer means waiting longer for a passport, and I am just not in the mood.

 

Does anybody have any first/second hand experience? (I will be taking the oath at the NYC office, downtown Manhattan).

Edited by harry.st
Filed: K-1 Visa Country: Wales
Timeline
Posted

How did you obtain your GC?

“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.”

Filed: Citizen (apr) Country: Greece
Timeline
Posted (edited)
12 minutes ago, Boiler said:

How did you obtain your GC?

Believe it or not, via my annulled marriage (it had already been annulled when I applied for removal of conditions on the GC. But this being a good-faith marriage, they removed the conditions w/o much ado).

 

This was 20+ years ago - doubt it is relevant anymore (at the naturalization interview the officer did not ask me anything re my marriage. I know photocopies of the certificate, as well as the annulment decree, were in my file, though; so I assume he could see them - if he cared to look. I also had copies w/ me, as well as tax receipts.  What a waste of paper - the only thing he asked for was my driver's license).

Edited by harry.st
Filed: K-1 Visa Country: Wales
Timeline
Posted

I sort of assumed that was the case

 

Strikes me as illogical if they have you married for GC and single for naturalising

 

You can of course ask

“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.”

Filed: Citizen (apr) Country: Greece
Timeline
Posted (edited)
7 minutes ago, Boiler said:

I sort of assumed that was the case

 

Strikes me as illogical if they have you married for GC and single for naturalising

 

You can of course ask

They do not have me married for GC!

 

GC-based marriage can be had (ie the conditions removed) even if the marriage has been terminated (even via annulment).

 

If know I can ask, but I am afraid that the moment they hear the question they will say "oops, we need to correct the certificate. And we cannot give you the corrected one today. Nor are we gonna let you keep the wrong one. So you just sit and wait (for another 5 months)".

Edited by harry.st
Filed: Citizen (apr) Country: Sweden
Timeline
Posted
9 minutes ago, harry.st said:

I can try explaining that at my oath ceremony, when they ask you to check for errors in the certificate. Assuming - and this is a big if - that they agree to change the thing, can they do it right there and then (essentially print a new certificate)? Or they will tell me "You are right. We will change it. But not now. Hence you are not leaving this building w/ a certificate today. We will mail one to you shortly".

 

This seems to be a bit of a gray zone - the DS-11 passport application form will ask you if you have ever been married but offers no choice that really fits your situation other than assuming annulment = the marriage never happened. To ensure the naturalization certificate does not have conflicting info with DS-11 your best bet is to get the certificate corrected.

 

Unless you're in the last oath ceremony of the day chances are good they'll be able to give you an updated one the same day. Since you hand in your green card at the ceremony, the naturalization certificate is your only proof of status at that point, so I don't think they'll send you home without it.

Filed: K-1 Visa Country: Wales
Timeline
Posted
10 minutes ago, harry.st said:

They do not have me married for GC!

 

GC-based marriage can be had (ie the conditions removed) even if the marriage has been terminated (even via annulment).

 

If know I can ask, but I am afraid that the moment they hear the question they will say "oops, we need to correct the certificate. And we cannot give you the corrected one today. Nor are we gonna let you keep the wrong one. So you just sit and wait (for another 5 months)".

Forget conditions

 

You obtained your GC on the basis of marriage, being sponsored by your ex?

“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.”

Filed: Citizen (apr) Country: Greece
Timeline
Posted (edited)
9 minutes ago, NorthByNorthwest said:

 

This seems to be a bit of a gray zone - the DS-11 passport application form will ask you if you have ever been married but offers no choice that really fits your situation other than assuming annulment = the marriage never happened. To ensure the naturalization certificate does not have conflicting info with DS-11 your best bet is to get the certificate corrected.

 

I thought about this. If I get "Divorced" on the Naturalization certificate, then it will have to be the same in any every interaction w/ the feds, until I change it.

 

May be ok for now (ie passport), and I can try to change it later, or leave it as is, as it does not affect my life, really...

 

 

9 minutes ago, NorthByNorthwest said:

Unless you're in the last oath ceremony of the day chances are good they'll be able to give you an updated one the same day. Since you hand in your green card at the ceremony, the naturalization certificate is your only proof of status at that point, so I don't think they'll send you home without it.

 

Good idea - I had not thought of that (but what if they refuse to even let me take the oath? And tell me "just keep the green card for now").

 

Also, don't they need to print it? Do they have fancy printers there?

 

 

5 minutes ago, Boiler said:

Forget conditions

 

You obtained your GC on the basis of marriage, being sponsored by your ex?

 

Yes. Quarter century ago.

Edited by harry.st
Filed: K-1 Visa Country: Wales
Timeline
Posted

And you removed conditions with a Divorce Waiver

 

I am not sure if I have seen a similar case

 

I doubt they have a special arrangement 

“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.”

Filed: Citizen (apr) Country: Greece
Timeline
Posted (edited)
10 minutes ago, Boiler said:

And you removed conditions with a Divorce Waiver

 

Indeed I did. The law says (said, at the time, at least) "divorce or annulment". The marriage was obviously in good faith.

 

10 minutes ago, Boiler said:

I am not sure if I have seen a similar case

 

Now you have 🙂

 

10 minutes ago, Boiler said:

I doubt they have a special arrangement 

 

Special arrangement about what?

Edited by harry.st
Posted
18 minutes ago, harry.st said:

Good idea - I had not thought of that (but what if they refuse to even let me take the oath? And tell me "just keep the green card for now").

 

Yes. Quarter century ago.

You’ve been an LPR for 15 years? 
Is there a big rush now to get citizenship? 
is a few months waiting for a correction (if it takes a few months) a big deal if that’s what is needed? 
or is it more important to become a citizen now? 

Filed: Citizen (apr) Country: Greece
Timeline
Posted

@Redro

 

Quote

You’ve been an LPR for 15 years? 

 

25.

 

Quote

Is there a big rush now to get citizenship? 

Is a few months waiting for a correction (if it takes a few months) a big deal if that’s what is needed? 
or is it more important to become a citizen now? 

 

I can wait. But... I'd rather not. If the question is "divorced now, or single in a few months", I will take the first option.

 

In my mind, the only question is "can the single act of asking, at the oath ceremony, derail the thing?".

Posted (edited)
12 minutes ago, harry.st said:

@Redro

 

 

25.

 

 

I can wait. But... I'd rather not. If the question is "divorced now, or single in a few months", I will take the first option.

 

In my mind, the only question is "can the single act of asking, at the oath ceremony, derail the thing?".

A quick Google shows they will reprint certs day of if there is a typo. So, you should be fine. But take the annulment paperwork with you as proof of marital status. 
 

I know Hacking had this question about there being no annulment option for naturalization application so he might have an answer on which is correct (for naturalization - divorce or single). 
 

Would you be upset if for technical reasons you could never change the certificate from divorced to single? 

Edited by Redro
Filed: Citizen (apr) Country: Greece
Timeline
Posted (edited)
11 minutes ago, Redro said:

A quick Google shows they have they will reprint certs if there is a typo. So, you should be fine.

 

I did the search. The question is if they reprint them on the spot, or... (and I searched for that, too, and not clear answers).

 

11 minutes ago, Redro said:

I know Hacking had this question about there being no annulment option for naturalization application so he might have an answer on which is correct (for naturalization - divorce or single). 

 

It was me who asked him. But I do not want to ask him again. There are so many people in there w/ much more pressing problems. Mine is the equivalent of a "first world problem", really. Feel bad asking it in that venue.

 

11 minutes ago, Redro said:

Would you be upset if for technical reasons you could never change the certificate from divorced to single? 

 

Somewhat. No tangible difference - will not affect my life in any way.

 

But I will be lying throughout - in every form I ever fill - and I'd rather not - b/c somebody made a mistake once. Too Kafkaesque for my taste.

 

In all fairness, I can try to change this later, via an N-565. Or something similar.

 

Edited by harry.st
 
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