Applying for citizenship - Pending divorce for Family Violence

F

Free Butterfly

New Member
Hi,

Back ground info:

~ I am originally from England
~ Moved to Texas in April 2001
~ Married stbx US citizen husband in May 2001
~ First child born Jan 2002
~ Received green card Jan 2003
~ Second child born Sep 2006
~ Third child born Jun 2008
~ Left abusive marriage for the first time in Jun 2009 but returned after 2 weeks to the usual promises
~ Fourth child born May 2010
~ Fifth child born Nov 2011
~ Jun 2012 stbx arrested for family violence. Emergency protective order issued. Stbx pleads guilty to assault. From this point on stbx and I never live together again.
~ Aug 2012 one year protective order issued
~ Nov 2012 I file for divorce

As of right now the divorce is currently pending. I want to apply for citizenship and I have been eligible for 7 years. My green card expires 5/24/15. I am concerned how the pending divorce is going to affect my applying for citizenship. I tried to apply twice while living with stbx but he basically sabotaged the attempts.

My questions regarding Form N-400:

~ Do I put Married or Divorced on Part 3 Question G?
~ Do I need to fill out Part 8 Question B-E and G?

Is there anything special I need to know about filing for citizenship with a divorce pending? I am currently receiving foodstamps/medicaid for my kids and financial aid as I am enrolled in college if that's relevant.

Thanks for any help.
 
You're applying with the 5 year rule and have been married (with children) more than long enough to cast aside any doubt about your marriage being bona fide, so the divorce will not affect your citizenship process (except for the informational obligation described below).

~ Do I put Married or Divorced on Part 3 Question G?
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The divorce is pending, so you're still legally married, and you need to write Married for that question. If the divorced is finalized before the interview, you're supposed to tell the interviewer and show the divorce decree. If the divorce is finalized between the interview and oath, tell them at the oath ceremony and show them the decree. In any case the divorce won't affect your eligibility.

~ Do I need to fill out Part 8 Question B-E and G?
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Yes, you do need to fill out question B-E and G because you're still legally married.
 
Thanks.

I do have one other question. It is regarding the protective order I mentioned above. Although I have not been served yet it is my understanding that my stbx is suing me for violation of the protective order. The order states he is to pick up and drop off the kids at my house. I moved into town for safety reasons (I lived in a very rural area with nearest neighbors over a mile away) because of my violent stbx. When I moved I did not disclose my address to him (I was not required to) and said he could pick up the kids at the local police station. He refused to agree to this (it would not have been a violation if he had agreed). After 3 weekends of me taking the kids to the police station and him not picking them up he then agreed to start picking them up at the police station through our divorce attorneys and has been doing so ever since. He's still out for blood though apparently. If I get convicted of the violation will it affect my citizenship application?
 
Free Butterfly said:
After 3 weekends of me taking the kids to the police station and him not picking them up he then agreed to start picking them up at the police station through our divorce attorneys and has been doing so ever since. He's still out for blood though apparently. If I get convicted of the violation will it affect my citizenship application?
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If violating it is a criminal offense, yes it would hurt your citizenship process. If violation is only a civil infraction, it wouldn't affect your citizenship. You'll have to talk with your lawyers to attorney out if it would be a criminal or civil violation.

But how did he get such an order in the first place, requiring you to let him come to your house after he's already guilty of assaulting you? Did he apply for it when you weren't there to challenge it? Surely if he takes you to court over this your attorney should be able to get it removed or modified so he doesn't show up at your house. And get a restraining order against him so he can't come with X yards of you.
 
Hello, here is my situation: in 2013 i had an argument with my now ex-wife, I lost my temper. She called 911 and issue a restraining order against me. Later she filed for divorce. I was taken to the police station finger printed. Later went to court and was put on pre-trial probation for one year, so I did not plea guilty. We since divorced. I completed the pre-trial probation and the case is dismissed. She has renewed the restraining order
I now intend to apply for citizenship (I have been a GC holder for 5 years). Will all of the above have a negative impact on the citizenship application - Thanks
 
Why did you stop at asking the same question only 3 times in the same forum?

Come on, I know you can ask it at least a few more times!
 
I apologize, I did not really know on what thread to post as I am new to the site. Please forgive this oversight. Any chance you'd have any insight on the question?
 
For someone else here on the forums who may know more about this type of situation and can answer you, you might want to clarify or provide more info. Is you question around the restraining order, i.e. was there an assault/physical violence? Or is your question around your Green Card, i.e were you dependent on your spouse as the original petitioner of the Green Card?
 
thank you.
I am a GC holder (got it from H1B EB1), my ex spouse got it from me. I intend to apply for citizenship

there was assault, RO for 1 year.
appearance to court,
pretrial probation granted
RO newed for 1 year
pretrial probation completed
RO renewed for 1 year

hope this helps
 
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