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  • Divorce After Citizenship

    Hi All
    I got my Us Citizenship March 2010,after filling based on marriage to US citizen
    we are still married but now things arent work out between me and my wife,i wanna fill a uncontested divorce but the thing in uncontested divorce in my state you have to be seperated at least one year,we still live in the same house so do i have to wait or can i file a divorce?if that can effect my us citizenship any advice? thanks

  • #2
    Your citizenship is done. It will not be revoked unless there is an investigation for fraud ... unlikely such an investigation will start by itself, and again it does not mean you did something wrong.

    Divorce ... this forum knows immigration laws. You need to check your state's marriage and divorce laws. Unlikely you will find that help here.
    GC: EB1: 1999 ==> 2004. 3 yr delay due to lost file. N400: San Jose. Apr'09 ==> Aug'09.
    I am not a lawyer, forum police, moderator, moralizer or an immigration officer. If I sound like one, use "your" best judgement.

    Comment


    • #3
      Originally posted by sanjoseaug20 View Post
      It will not be revoked unless there is an investigation for fraud
      An investigation for fraud in itself would not cause revocation of naturalization. There's much more to it than that.
      Sent N-400 7/28/07
      PD 7/27/07
      Check cashed 12/5/07
      NOA 12/7/07
      FP notice 1/4/08 (received 1/10/08 )
      FP Date 1/30/08 (walk in done on 1/26/08 Charlotte)
      IL: 6/10/08
      ID: 8/28/08 (Durham DO) Passed!
      OL: 9/23/08
      OD: 10/06/08
      PP: 10/21/08 (applied)
      PP: 11/1/08 (received)
      ------------------------------------------

      ------------------------------------
      IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

      Comment


      • #4
        Well, perhaps an "investigation" of fradu may not be the determiner of naturalization revocation but a "finding" of fraud" after such an investigation upon which there might be a a legal process that may involve you vs the USCIS or whatever. In any case, as sanjoseaug mentioned, your citizenship process is done and anything you need to know about divorcing or acquiring more concubines will be best served in the laws of your state.
        Location: Washington, DC
        GC holder for 2 years and 9 months - married with kids to USC
        LPR Since 09/27/2007
        N-400 Mailed: 07/13/2010
        N-400 Received: 07/14/2010 (PD, Lewisville, TX)
        Cashed: 07/21/2010
        Receipt Dispatched: 07/20/2010
        Receipt Received: 07/23/2010
        FP RFE Dispatched: 07/26/2010
        FP RFE received: 07/29/2010 (scheduled for 08/16/2010)
        FP Done: 07/30/2010
        YL Received 09/20/2010
        Transferred to DO: 11/18/2010
        Received IL: 11/22/2010 (Scehduled 12/28/2010)
        Oath Date: 06/14/11

        Comment


        • #5
          Originally posted by Bobsmyth View Post
          An investigation for fraud in itself would not cause revocation of naturalization. There's much more to it than that.
          Sorry I neglected to say ... investigation, followed by a finding of guilt, followed by an appeal and what not ... I know I am taking issue with this, but I think the answer was sufficient in itself.
          Last edited by sanjoseaug20; 6th February 2011, 10:35 PM.
          GC: EB1: 1999 ==> 2004. 3 yr delay due to lost file. N400: San Jose. Apr'09 ==> Aug'09.
          I am not a lawyer, forum police, moderator, moralizer or an immigration officer. If I sound like one, use "your" best judgement.

          Comment


          • #6
            Originally posted by Bobsmyth View Post
            An investigation for fraud in itself would not cause revocation of naturalization. There's much more to it than that.
            Correct, but your statement doesn't correct or contradict what sanjoseaug20 wrote. The fact remains that the OP's citizenship will not be revoked unless there is an investigation; that's not the same as saying it will be revoked if there is an investigation.

            EB3 ROW I-485 Approved: July 2007
            USC: July 2013
            I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

            Comment


            • #7
              Originally posted by sanjoseaug20 View Post
              Sorry I neglected to say ... investigation, followed by a finding of guilt, followed by an appeal and what not ... I know I am taking issue with this, but I think the answer was sufficient in itself.
              You didn't neglect to say anything. What you wrote was true and didn't need any further explanation. Sometimes Bob just likes to make useless nitpicks.

              EB3 ROW I-485 Approved: July 2007
              USC: July 2013
              I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

              Comment


              • #8
                thanks for all responses,i am glad that i find this forum everybody helpful

                Comment


                • #9
                  Originally posted by Jackolantern View Post
                  You didn't neglect to say anything. What you wrote was true and didn't need any further explanation. Sometimes Bob just likes to make useless nitpicks.
                  I know. Anyway, I am not precise like Bob and BigJoe ... I go more with the philosophy than the CFR numbers or exact verbiage ... so I guess we will see more of this ;-)
                  GC: EB1: 1999 ==> 2004. 3 yr delay due to lost file. N400: San Jose. Apr'09 ==> Aug'09.
                  I am not a lawyer, forum police, moderator, moralizer or an immigration officer. If I sound like one, use "your" best judgement.

                  Comment


                  • #10
                    Originally posted by Jackolantern View Post
                    You didn't neglect to say anything. What you wrote was true and didn't need any further explanation. Sometimes Bob just likes to make useless nitpicks.
                    Like I said, the statement "It will not be revoked unless there is an investigation for fraud" is only half true. Even your statement "the OP's citizenship will not be revoked unless there is an investigation" is not entirely correct in itself as a revocation is not entirely dependent on a formal investigation but rather on a finding that the applicant wasn't eligible for naturalization in the first place. In other words, it doesn't take an investigation to revoke naturalization, but rather a finding of wrongdoing.
                    Sanjose was humble enough to clarify what he meant without you having to interject.
                    Sent N-400 7/28/07
                    PD 7/27/07
                    Check cashed 12/5/07
                    NOA 12/7/07
                    FP notice 1/4/08 (received 1/10/08 )
                    FP Date 1/30/08 (walk in done on 1/26/08 Charlotte)
                    IL: 6/10/08
                    ID: 8/28/08 (Durham DO) Passed!
                    OL: 9/23/08
                    OD: 10/06/08
                    PP: 10/21/08 (applied)
                    PP: 11/1/08 (received)
                    ------------------------------------------

                    ------------------------------------
                    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                    Comment

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