Jump to content

ThaOne

Members
  • Content Count

    194
  • Joined

  • Last visited

About ThaOne

  • Rank
    Member
  • Member # 369949

Immigration Timeline & Photos

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Unless you get a notice in your email/inbox/portal or a call from USCIS stating that your interview is canceled, I would recommend still showing up there. When they open just walk in with your interview notice. Maybe they will find a way to squeeze you in. You just don't want them to say that you missed the interview somehow. If there is a way to not have to reschedule, it's best to hope they take you in that day as to avoid more delays.
  2. The 90 days residency I believe is at the time of filing. If you move after you filed, your application is still valid. You just have to inform USCIS of the change of address. But make sure to follow the correct procedures for changes in address as I have seen many people on the forum who moved while their application was pending but were still reporting USCIS had the old address. I think you can't just change it in the portal, but have to fill in a form and/or contact an officer at USCIS.
  3. Sorry about the divorce going on. At the time of filing (and still now) you were married, so you did not lie on your application. You have been a GC holder for a long time, so you would qualify under the 5 year rule regardless of the divorce happening after the fact. If the divorce decree comes up before the interview, then you should add that to your documents as USCIS asks that any change in status be mentioned. They also ask at the oath ceremony if anything has changed since even after the interview. I am not sure if you filed under the 3 year rule originally whether they just adjust it to the 5 year rule if things change or if you are supposed to re-file under the 5 year rule, but as others have stated as far as the 5 year rule is concerned for sure you would still qualify. Maybe they will just adjust it. Sorry about your troubles. I hope it works out.
  4. Okay. You seem to be here to talk about your experience more than anything else. What happened to you is irrelevant to me to be honest. I even tried to explain to you that the polygamy statement, had nothing to do with what is happening here, but it would be the same thing as someone saying he isn't in a polygamous relationship at the interview. That would be lying too. Then you retorqued by saying polygamy is okay to become a US citizen. Which I responded actually polygamy is a crime in the US and one would be denied. Now you are trying to give me a lesson on relationships and definitions of polygamy which I said from the start isn't the issue here. But regardless you have in plain black and white you saying polygamy is OKAY for citizenship. I mean I can't debate with that. The only people presuming things here are you and the other one who only made presumptions. And talking about your personal relationship failures. Read what the OP said. As for your relationship not sure how it is relevant for me to know that if you were still married with him he would still be having an affair? I don't care. That's a civil issue. Deal with him. If someone says one thing at the interview which isn't correct and knows at the time that it isn't it's fraud. Whether you had a bad relationship or not, that's just a fact. This is insane.
  5. This is amazing. Now you are going back to this argument? Sorry to say but your determination into proving that because of the number of posts you have, that somehow makes you an expert is clearly astounding! You said initially: "This is not an immigration issue. It's just a civil issue". And I said that even though it may be difficult to prove (if it is) it remains also an immigration issue. And I said that something being difficult to prove doesn't make it not a crime because it's difficult to prove. A reasonable person would have said, "it is definitely a civil issue, but it also is an immigration issue if he lied to USCIS at the time if he already was planning all this". That is what I said. You said NO it's not an immigration issue. Now you are saying that it's not an immigration issue because it's difficult to prove? Makes no sense whatsoever. Plus how do you know it's difficult to prove? What would make it an immigration issue in your eyes? If she found a text message of the affair and the plans the day before the interview? A crime is a crime whether easy to prove or not. It's still a fraud.
  6. You may have been misled by the other poster's false claims. Your ex and yourself were married. At the time of his green card you were in a true marriage. At the time of his application you may have been in a true marriage. There is nothing wrong with that if afterwards you divorce or he was nasty to you. But if in the OPs case while he was filing he had NO intention on staying with the person, then he should not have filed the way he did. Because he was lying at the time already. Not sure how else to say this. I never said that if you apply based on marriage it means that you have to live the rest of your life with that person. NO! But if at the time of the interview he already knew that he had no intention, then he misrepresented himself. It's fraud. End of story. Polygamy is illegal and a crime in the US by the way. So if you are saying that it doesn't bar you from becoming a citizen, then why do they ask you in the YES/NO questions whether you are? Why do they ask you to attach proof that you have terminated all previous marriage? Anyway this wasn't the point as I feel the discussion will go towards polygamy, which this isn't really about. It was just a comparison to polygamy, because the guy went to the interview saying he was in a loving bona fide relationship with the OP, while actually having and affair with another person, and as soon as he had his oath left. How is that difficult to understand is beyond me.
  7. Did I say any of that is illegal? My posts are still there. Please read. You keep on moving the goal posts. And you are wrong. It is not illegal to divorce after the fact. It is illegal to have an affair or already be in a relationship and go to the interview and pretend to be in a bona fide marriage. Your doubling down on denying this simple fact is preoccupying and raises concerns on what kind of advice you may have been giving people here. I stated many times, if he ALREADY knew he was in an affair or planned on leaving and closing the bank account at the time of the interview then it means he misrepresented himself during the interview. You come back with "Moving out is not illegal, Closing a bank account is not illegal...". Who said that was? So what you are saying is encouraging people to open bank accounts jointly, not be in a bona fide relationship, know all this, file for n400, then just close everything after the oath, because closing a bank account isn't illegal then everything is okay? Pointless discussion and a waste of my time.
  8. This is what you stated: "None of those things sound illegal." Now you are saying you never said that. Pointless discussion.
  9. Just to be clear and end this discussion, please read what I said from the start. I agree with you if they were married and went through some issues afterwards, after the oath. Even if it's 1 day later if he met someone after that, then it's just civil. You can legitimately be married to someone then go through a divorce even after getting your immigration status sorted out. That's just a civil issue. Not an issue for USCIS. But the OP said it appears as soon as he got his oath ceremony (less than a month and a half ago), he moved out with someone he was having an affair with. You keep on talking about how hard it is to prove. The second sentence of my first post, I said exactly that. But even if something is difficult to prove which maybe she can prove easily, but, even if difficult doesn't make it not an immigration case. When we take the oath and raise our hand to say that we "swear to say the truth and nothing but the truth", there is a reason for that. So USCIS can legally determine that you have no good moral character (a liar) and they can deny you legally and you would not have any recourse. If the husband ALREADY was having an affair and had PREMEDITATED moving out as soon as he was done with immigration, that is immigration fraud whether difficult to prove or not. That is irrelevant. If he went to his interview based on being married to a US citizen after 3 years, he had to prove during the interview that he was still in a relationship with the person. He showed pictures of him and his wife. He displayed the image of being in a solid relationship at the time of the interview, but he was lying because he had already plans to leave as soon as he was done. How is that not an immigration issue (as well as a civil issue when they divorce)? Then what would be the goal of signing the YES/NO questions in our applications, checking that we are "Married", "Divorced", "Separated", "Widowed"...? If we can check and say whatever we want and do whatever we want. The fact that someone robs a bank whether you can prove that he did or not, doesn't determine whether the crime has been committed or not. I am just saying that when you and the other one are saying that it's not an immigration case, just a civil one you are misleading people into thinking that as long as they are not caught then it is okay to say what you want at the interview. It isn't. This would be a clear case of immigration fraud if he was living a double life. This is a form of polygamy (which we also swear not to be involved in when we apply for N400). It's the whole basis of filing for N400 under the 3 year rule. The first criteria is to be in a genuine bona fide relationship at the time you are applying/talking to the officer. So to close this on my side I wanted to make sure you didn't give ideas to people that they can apply for N400s, lie knowingly, and if they don't get caught at the time then it's okay, whatever they did just becomes a civil or other case. If you get a benefit claiming something, they will take back that benefit if it was based on a lie. That's why you sign those documents so they can hold you accountable should they discover something. So as I said from the start, this would also be a case for immigration fraud, but also a civil case (divorce). I am shocked that anyone on an immigration forum, especially for this long would fail to see that and keep on repeating that it is okay because difficult to prove. Difficult or not it still is immigration fraud, if he knew what he was doing at the time of interview.
  10. 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.
  11. 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.
  12. I mentioned the 17 and 18 years because someone above send he should be fine because it was 20+ years ago (which 17 and 18 aren't). Anyway in such a case regardless of what people say here you would definitely need to seek legal help at the end of the day.
  13. Great. That's what I said. Maybe by calling them and asking for the extension got someone to pick up your file and end up realizing that it would need to be moved. On November 30th after 3 months of my estimated completion/wait times going to "We are taking longer..." I uploaded some additional documents to my file online, and 3 days later I finally got an interview notice. You really never know, but I do believe depending on the officer a gentle nudge can go a long way.
  14. Unfortunately it could mean many things. In some cases good. In others it means absolutely nothing. What stage are you at in the process? In my case I filed January 31st, 2020. Estimated wait time was 7 months and Estimated completion was 8 months I believe (so August and September 2020 respectively). Had the biometrics mid February 2020. My estimated countdown went from months (i.e 7;6;5;4...1) then it went to days all the way down to 6 days early August, then it disappeared and showed "We are taking longer than expected...". From that day in early August 2020 till December 3rd there were no updates or changes to that message. Then on December 3rd is when I was notified of the interview. So as you see all the way down to 6 days estimated but then things went south. Cross your fingers.
×
×
  • Create New...