neturalization question

[justagirl 0]

Hi everyone. I have a question and i couldn't find too much info so i decided to ask here. I heard some people saying that there have been cases when someone has applied for naturalization after 5 years of having GC but instead of getting it, they winded up with deportation---they said bc the person was not still married with the US citizen at time of applying for citizenship. Is that true? Is it a problem if you apply for naturalization on your own after the 5 years of having GC? Do you realy get served with deportation papers bc you are not still married and trying to apply for citizenship? I don't get it? Maybe you guys know more about this and have some personal experiences.

thanks!

[churipu 4]

I am not sure - so you might want to research more about it- but I googled it and this is the first result I found :

Divorce does not adversely effect an alien's immigration status after the alien obtains permanent residence unconditionally. The only affect divorce may have on an alien at this stage is that it may delay the alien in obtaining citizenship. If a permanent resident is married to a U.S. citizen, he has a three year residency requirement for U.S. citizenship as opposed to a five year residency requirement (for more information on naturalization, please click here). In order to benefit from the shorter residency requirement, the alien must be married to the U.S. citizen for at least three years before the exam date. Therefore, if the alien is divorced before being married to a U.S. citizen for at least three years before his exam date, and he has not been a permanent resident for five years, he will then have to wait until he has been a permanent resident for five years before he is eligible to apply for U.S. citizenship.

It also found a lot of other immigration forums with topics about this and by the look of it they all said what is quoted above.

Google is your friend

[Nancy2015 2]

You shouldn't get deported for applying for naturalization based on a 5-year residency, even if you're divorced. What can happen is when you apply for naturalization after 5 years, and you're divorced, the immigration officer may still want to see some proof of bona fide marriage (it happened to a person on another message board). But even that seems to be rare.

Edited August 23, 2007 by Sid and Nancy

[eau_xplain 2]

You will not get deported if you apply for naturalization for as long as you are a legal permanent resident (or green card holder). It is correct that you have to be an LPR for 5 years before you are eligible to apply for naturalization if:

a ) Your LPR status was granted because of marriage to a USC but you are no longer married at the time you apply for naturalization;

b ) Your LPR status was granted by other means (e.g. employer sponsored I-40)

Any denial and subsequent deportation would only occur from other causes like a felony, fraud, etc. but not because of a divorce.

Edited August 23, 2007 by eau_xplain

[justagirl 0]

Thanks to everyone that responded and helped me clear some things out. Maybe the person i heared of getting deported might have had a criminal record or something that caused him to get served with deportation papers.

It is not my case and Heaven Forbid it will never be, but when hearing things like that i feel the need to reaserch and find out more.

thanks again.

P.S.Churipu, the baby in the pics is one of the cutest i've seen. Congratulations to you!!!

[churipu 4]

Thanks to everyone that responded and helped me clear some things out. Maybe the person i heared of getting deported might have had a criminal record or something that caused him to get served with deportation papers.

It is not my case and Heaven Forbid it will never be, but when hearing things like that i feel the need to reaserch and find out more.

thanks again.

P.S.Churipu, the baby in the pics is one of the cutest i've seen. Congratulations to you!!!

AAAWWW thank you so much!! He's my baby boy, he is 17 months old and the love of my life

Good luck with everything!

[warlord 72]

Well you can get deported for a number of things as mentioned, but not in this case I don't believe. Was the person marriage based GC or work based? It seems if they applied 5 years after PR it would be work based and hence marriage wouldn't even be a factor in the first place.

People can be deported from a divorce if there is evidence that the marriage was done purley for immigration intent. If they found lack of evidence that the marriage was not legit (both keeping different last names, living in different states, nothing joint etc) then yes they can rule that the intent for citizenship and for PR was fraudulant based. (Note that many couples do not share the same last name, that was just an example used in combination with other things).

So yes it's possible, but if the couple were legitly married and the GC was based on the marriage and it was in true faith. Then I think the only thing that would happen is that they would have to wait the 5 years which in this case might have been why. So if this case did happen, then maybe they found out the marriage was a fraud and called him on that...

[yaya 0]

HI there,

I have a question: what if the divorice happens after sending out naturalization application? Yes have been married with citizen spouse for 3 more years when signing the documents by counting back. Need report to immigrantion center? will get denied? If you have to stay being married when you go to the interview till you get it approved, what does that mean when they say on their N-400 instrucion: who may file this form: you have been married to and living with the same US citizen for the LAST three years.

Thanks!

[C and J 1]

what does that mean when they say on their N-400 instrucion: who may file this form: you have been married to and living with the same US citizen for the LAST three years.

Thanks!

The date the 3 years is based on is the date of your green card, not the date of your marriage. They also want to ensure the marriage is bonafide... after all, they (USCIS) see it as, if you are not living in the same house with your spouse, then the marriage isn't legitimate.

It's there to apparently stop people abusing the process by getting married and then living separate lives for the 3 years needed to naturalise.

[diadromous mermaid 36]

what does that mean when they say on their N-400 instrucion: who may file this form: you have been married to and living with the same US citizen for the LAST three years.

Thanks!

The date the 3 years is based on is the date of your green card, not the date of your marriage. They also want to ensure the marriage is bonafide... after all, they (USCIS) see it as, if you are not living in the same house with your spouse, then the marriage isn't legitimate.

It's there to apparently stop people abusing the process by getting married and then living separate lives for the 3 years needed to naturalise.

This is not accurate. The PR must have been married to a USC for a period of 3 years in order to qualify for expedited naturalisation, 3 years rather than the mandated 5 years for all aliens. See Section 316 versus Section 319 of the INA.

[C and J 1]

This is not accurate. The PR must have been married to a USC for a period of 3 years in order to qualify for expedited naturalisation, 3 years rather than the mandated 5 years for all aliens. See Section 316 versus Section 319 of the INA.

Apologies if I gave incorrect information I did not mean to do so. However, could you clarify this for me further because I am rather confused by your statement? It may be because I am looking at it through the eyes of a CR1/K3 applicant who is married to her husband but not residing in the same country.

I believed that 316 required that the couple met the "lived together in marital union" criteria i.e not just married for at least 3 years but LIVING together for those 3 years IN the US. Is this not correct?

From my understanding, in my case, we will be married for almost 4 years and living together for 3 of them when I start considering/am eligible for naturalisation.

For a K1 visa, the date of living together will start up to 3 months before the marriage

For a K3 visa, the marriage will start before living together in the US

The IR1/CR1 visa would be married before living together in the US

So would it be correct to say that the date is the day when both begin happening? How do you prove a date like that? You can prove the day you marry with a marriage certificate but how do you prove the day you start living together? Would it not be the day you enter the US on whatever VISA you arrive on?

[diadromous mermaid 36]

This is not accurate. The PR must have been married to a USC for a period of 3 years in order to qualify for expedited naturalisation, 3 years rather than the mandated 5 years for all aliens. See Section 316 versus Section 319 of the INA.

Apologies if I gave incorrect information I did not mean to do so. However, could you clarify this for me further because I am rather confused by your statement? It may be because I am looking at it through the eyes of a CR1/K3 applicant who is married to her husband but not residing in the same country.

I believed that 316 required that the couple met the "lived together in marital union" criteria i.e not just married for at least 3 years but LIVING together for those 3 years IN the US. Is this not correct?

From my understanding, in my case, we will be married for almost 4 years and living together for 3 of them when I start considering/am eligible for naturalisation.

For a K1 visa, the date of living together will start up to 3 months before the marriage

For a K3 visa, the marriage will start before living together in the US

The IR1/CR1 visa would be married before living together in the US

So would it be correct to say that the date is the day when both begin happening? How do you prove a date like that? You can prove the day you marry with a marriage certificate but how do you prove the day you start living together? Would it not be the day you enter the US on whatever VISA you arrive on?

Your complicating the language a little too much. The term "lived together in marital union" simply means that the alien and USC were indeed in a viable marriage, and residing together for a period of 3 years (unless something other than marriage breakdown causes them to reside separately), and the USC has been a USC for that period of 3 years before the alien becomes eligible to apply.

[C and J 1]

Thank you for the clarification, it's most helpful