Filed as a wife of USC, but now divorced...

E

Eman-Resu

Registered Users (C)
After almost 3 years of waiting since interview, the Oath notice has been received! But there is a big (?) problem. On the Notice of Naturalization Oath Ceremony there is the following question:

“Have you married, or been widowed, separated or divorces (If “Yes,” please bring documented proof of marriage, death, separation or divorce.)"

Does a person need a lawyer for the oath ceremony if her marital status
has changed ? She filed for naturalization as a wife of US citizen.

I will greatly appreciate any input. Thank you.

Below are details:
-- living in US legally since June 1992
-- married to US citizen in 1999
-- permanent resident since April 2001
-- applied for Citizenship on a basis of being a wife of US citizen
-- passed Naturalization interview in July 2004, but due to delay with background check was not sworn in
-- family situation had deteriorated after 7 years of marriage; divorced in March, 2006, a year after separation
-- got married to another person in April 2006
-- received Notice of Naturalization Oath Ceremony on June 1 2007 scheduled for Friday, June 15, 2007.
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The rule is clear about this. You are no longer eligible for naturalization based on a 3 year marriage to a US citizen the moment you were divorced. You absolutely still have to be married to your US citizen spouse up until the point you are sworn in at the ceremony. You'll have to apply again for the citizenship with a new basis (the 5 year rule).
 
This is interesting. Although your application was based on three years of marriage to a US citizen, you are now eligible to be naturalised under the normal five years qualification. Now I don't know if your current application can be amended to reflect that. Worst case, this application will get denied but you can immediately file another one. In fact you qualified for that a year ago.
 
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Thanks for your answers

We'll hire a lawyer. I hope his presence will at least force IOs to look into
details of the case and find out that it is indeed more than 6 years since GC.

Thanks everyone who answered !
 
:eek: I agree with equate.They do not bend this rule for no one.Under no circumstance.That would be like breaking law .Buddy of mine went thru same deal.They turned him down on the day of the oath.He had to refile.You will have to refile under 5 yr rule
 
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Will it cause any harm if we try and go to the Oath ceremony ?
One lawyer we spoke to said that he had a person in similar situation
who was granted the citizenship in Baltimore DO.
 
Giving false information can have its impact.They can bar your from citizenship for life.Is it worth it .You make that decision:rolleyes: .I have heard of cases where citizenship was revoked after many years been USC.Only because of lying while applying for it.I dont see why you take such a big risk.:(
 
This is not what I suggested. I think of telling the truth and using an attorney to
use this slim chance that an immigration officer will grant the citizenship
due to very long waiting time.

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(I tried to post this reply a few hours ago, but the server was busy)

If the USCIS acted like a business, it would be clear that they should automatically swear her in, as making her reapply would be just a waste of money and time. However, most of the time USCIS doesn't act that way. I would think it would be good to recruit a lawyer, and even taking the lawyer with you to the ceremony. However, this might be a bit expensive. Perhaps it would be good to schedule an Infopass and explain the situation and see what they say so she doesn't get a bad surprise at the oath ceremony. In a reasonable world she shouldn't have a problem.
 
I see no harm in trying to attend the oath ceremony, just so long as you tell the truth and be prepared to be sent home. (Personally I think it sucks, but unfortunately I don't make the rules).

good luck
 
I would call few lawyers locally since they do have good relationship with the INS inspectors.Ask them have if they have dealt with similar case and what was the outcome.I would only go with one who has dealt in such cases in past.Since they are going to charge to $$$.Good luck Hope for best.I know this reallys sucks.:eek:
 
Thanks.

We have already found an attorney who has such experience
and who represented clients in Baltimore DO in the past. She believes
that the client should be married to USC all the time up to the
interview date. The attorney is an associate, and her boss had
successful experience in a similar case.

Again, thanks to everyone who responded. I will tell on the forum
the outcome of the coming oath ceremony.

BTW, the lawyer charges $300 for going to the ceremony.

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dckaraja said:
:eek: I agree with equate.They do not bend this rule for no one.Under no circumstance.That would be like breaking law .Buddy of mine went thru same deal.They turned him down on the day of the oath.He had to refile.You will have to refile under 5 yr rule
Click to expand...

Did that buddy of yours went over the five years requirement while waiting for the oath ceremony?
 
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