Pending N-400 - domestic violence

[martha783 12]

My spouse has GC acquired based on my petition. He’s a long-term repeat physical abuser, but I only recently reported and got protective order, so we are separated. He has a pending N-400 he filed after 3 years of residency (pending since May). I don’t want him to be able to go the interview and get citizenship based on marriage to me when I am trying to file for divorce as soon as possible financially (he’s not supporting me financially — I just mean legal fees). He should have to find his own path toward citizenship given he only has the green card because I didn’t report his abuse. 
 

Is there anything I can do to report to USCIS, so they don’t base his interview on a marriage he isn’t really in?

[OldUser 10,343]

Just don't attend the interview.

Filing for divorce would be the best start to be honest, at least separation with notification of your address change via form I-865.

 

The sooner he naturalizes, the sooner you will be off the hook for I-864 Affidavit of Support

Edited August 22 by OldUser

[martha783 12]

My understanding is they don’t care if I don’t show for interview. My presence is optional. 
 

I’m sure he filed change of address, but I didn’t change addresses, and they don’t know we’re not together. 
 

The sooner he naturalizes, the sooner he violates the protective order. He’s only afraid now because of his residency. 
 

 

Does anyone actually sue for the I-864 obligation? He won’t get public benefits in Florida. 

[OldUser 10,343]

1 minute ago, martha783 said:

My understanding is they don’t care if I don’t show for interview. My presence is optional. 

Not really. Many times officer asks where the spouse is and whether you both live together. It's crucial for naturalization based on marriage.

[OldUser 10,343]

2 minutes ago, martha783 said:

I’m sure he filed change of address, but I didn’t change addresses, and they don’t know we’re not together. 

So addresses for you and him won't match in USCIS system

[Cathi 5,876]

1 hour ago, OldUser said:

Not really. Many times officer asks where the spouse is and whether you both live together. It's crucial for naturalization based on marriage.

I absolutely agree. I attended my husband's interview and the IO asked him where I was (I was in the waiting room). The IO came and introduced himself to me, I'm 100% positive he was verifying that I was physically there.

[martha783 12]

There is no pending 751, and I've been told in N-400 interviews they don't even ALLOW the spouse present, sometimes not even in the waiting room. And he will have copy of marriage certificate and my passport.

[OldUser 10,343]

11 hours ago, martha783 said:

There is no pending 751, and I've been told in N-400 interviews they don't even ALLOW the spouse present, sometimes not even in the waiting room. And he will have copy of marriage certificate and my passport.

You don't live together. He's not eligible to naturalize under 3 year rule. If he does, that would be fraud and reason for him to get denaturalized. It's his case, you really don't have any reasonable control over it at this point. I don't see how him naturalizing or not would help with DV.

 

Seek safety for yourself - move to different address, file for divorce, cut ties to him. Seeking revenge through immigration is not really the answer here.

Edited August 23 by OldUser

[Crazy Cat 45,141]

7 hours ago, martha783 said:

and I've been told in N-400 interviews they don't even ALLOW the spouse present,

That is not true in all cases.  Our immigration officer gave me the option of staying in the room when wife naturalized. You could contact USCIS and report that you are not im marital union.  He is subject to later de-naturalization at any time.   Stay safe and seek happiness for yourself.

Edited August 23 by Crazy Cat

[martha783 12]

Seems of odd to say he’s committing fraud based on our marriage,  but assume my interest in reporting that would be revenge. In fact, I can’t move or “cut ties” because this was a 12-year marriage with 4 children, so a protective order is the only reason I can be no contact with him.  As I already mentioned, I know the only reason he is obeying the protection order currently (i.e., not currently causing our children and I further abuse that could escalate to lethality) is because he fears even a minor arrest violation. As soon as he’s naturalized, that becomes a piece of paper with very little power since violators are usually arrested but face no other legal consequences. Delaying his naturalization another couple of years could literally save our lives by keeping him away from us and avoiding him escalating until he’s cooled down and moved on.

 

My friend, an immigration attorney but not my attorney, just told me if he’s already fulfilled the 3 years living with me (which he did), and we’re legally married at oath, he’s in a gray area but not fraudulent if they don’t ask him about it. I thought you still had to be living in marital union at time of oath, but I guess that’s not in the law. 

[OldUser 10,343]

3 hours ago, martha783 said:

Seems of odd to say he’s committing fraud based on our marriage

He is committing fraud if he's proceeding with it. To naturalize under 3 year rule he must be physically living together with you as a married man for 3+ years all the way until oath. Because you're separated, he doesn't qualify to naturalize under 3 year rule.

 

But how do you know he's gonna go through with it, maybe he withdrawn petition already or thinks about it?

Edited August 23 by OldUser

[OldUser 10,343]

3 hours ago, martha783 said:

My friend, an immigration attorney but not my attorney, just told me if he’s already fulfilled the 3 years living with me (which he did), and we’re legally married at oath, he’s in a gray area but not fraudulent if they don’t ask him about it. I thought you still had to be living in marital union at time of oath, but I guess that’s not in the law. 

Your friend is wrong. It's not a gray area, it's a clear requirement to be living together at time of oath and all the time preceding it.

Even though I naturalized under 5 year rule, officer asked me whether I ever lived apart from my spouse. Great chance he'll be asked a similar question. If he lies under oath, that's a big problem for him.

Edited August 23 by OldUser

[martha783 12]

16 minutes ago, OldUser said:

He is committing fraud if he's proceeding with it. To naturalize under 3 year rule he must be physically living together with you as a married man for 3+ years all the way until oath. Because you're separated, he doesn't qualify to naturalize under 3 year rule.

 

But how do you know he's gonna go through with it, maybe he withdrawn petition already or thinks about it?

I don’t know for sure. I know he’s consulting with the most expensive immigration lawyer in Miami, and per his advice delaying the domestic violence and divorce proceedings for additional months. I am just guessing his motivation is to complete naturalization. 

[OldUser 10,343]

11 minutes ago, martha783 said:

I don’t know for sure. I know he’s consulting with the most expensive immigration lawyer in Miami, and per his advice delaying the domestic violence and divorce proceedings for additional months. I am just guessing his motivation is to complete naturalization. 

Are you saying the most expensive lawyer is telling him to pause DV for few months, and then he can resume? I would be surprised if a professional encouraged somebody to harm others. You're linking DV and immigration together, whereas from my outsider's point of view, they're not interntwined. Using this logic, wouldn't he get mad and angry if you attempted to meddle with his immigration matters? I'd think the chances of violence could have increased from him if he's a very bad person you're portraying.

 

Wishing you luck. Please seek safety and peace first, retaliation and everything else is secondary.

 

I have nothing to add here 

Edited August 23 by OldUser

[martha783 12]

18 minutes ago, OldUser said:

Are you saying the most expensive lawyer is telling him to pause DV for few months, and then he can resume? I would be surprised if a professional encouraged somebody to harm others. You're linking DV and immigration together, whereas from my outsider's point of view, they're not interntwined. Using this logic, wouldn't he get mad and angry if you attempted to meddle with his immigration matters? I'd think the chances of violence could have increased from him if he's a very bad person you're portraying.

 

Wishing you luck. Please seek safety and peace first, retaliation and everything else is secondary.

 

I have nothing to add here 

Yeah, it’s clear you don’t know much about DV, and that’s okay. I came for immigration info, but there is a strong connection legally. Specifically, if you are arrested for violating a protective order, that is a deportable offense. Therefore, be will not violate the order while he is not a USCit. The order prevents him from contacting me or my family or coming within 500 feet of us. After he naturalizes, he can violate the order, and it’s essentially no big deal legally to have that arrest on his record. 
 

As to the delay, I was referring to domestic violence injunction legal proceedings. Not the actual violence. I believe he has been advised to delay the final injunction hearing, so it will not be entered against him (a final injunction would be a potential indication he does not pass the moral character test) and therefore also delay divorce, so that he can naturalize asap. I’m sure he hasn’t been advised to break the law rather “beat the clock” legally. If that even is legal, which I understand you’re saying it’s not because we no longer live together even though we did when he applied after 3 years.