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I am being blackmailed please help

Discussion in 'Life After Citizenship' started by lins36, Apr 29, 2010.

  1. lins36

    lins36 Registered Users (C)

    :eek:
    I am from china and we got naturalized in the year 2005. Now me and my are separated.
    I made a mistake in my N400. I didn’t declare my first marriage and divorce. I was married before and got divorced legally in China 20 years back. After the first divorce ,when coming to US I got married to the present wife, now my present wife is blackmailing me that she will inform immigration about my first divorce. Will that effect my citizenship status. Is there a way to regularize or correct it. Please help
     
  2. sanjoseaug20

    sanjoseaug20 Registered Users (C)

    There are 2 parts to this, legal and practical.

    If I were you, I would call the bluff assuming that 20 year old records are as difficult for her to find as it will be for you. If she sends a complaint, someone will need to validate the authenticity of the complaint, and I do not think it will be so easy. However, using this approach depends on how much have you told her, how much is in writing, and what she can prove.

    Legally speaking, you naturalized 5 years back - CIS is unlikely to come after you unless there is evidence of serious fraud. They will need to either prove that A) you lied or B) show that your previous marriage was material to you being granted GC/N400. I do not think they can prove B, so (A) is their best bet. You need to think how easy it will be to prove it.

    Again, I am not a lawyer, so maybe consult one. I can understand that it might be hard to approach police to avoid the blackmail because of your worries about denaturalization ... but a good lawyer might be able to push her back / negotiate this without compromising you.

    [EDIT Add]: In the category of "don't try this at home" ... I mean only trained professionals / lawyers should do it ... depending on when you disclosed this fact to her, your lawyer (not you) can put a fear in her asking why she kept quiet for so long when you were violating the law and accuse her of being an accomplice in this "travesty". The lawyer should be able to recite the laws which were broken and the punishment for her under these laws.
     
    Last edited by a moderator: Apr 29, 2010
  3. lins36

    lins36 Registered Users (C)

    Thanks sanjoseaug20

    Thanks Sanjoseaug20 for your reply. She is blackmailing me.

    Lins
     
  4. Triple Citizen

    Triple Citizen Registered Users (C)

    You hid a material fact when applying for your greencard. There is no time limit on USCIS using that to de-naturalise you and deport you.
    Now whether it ever comes to that, no one can speculate.

     
  5. lins36

    lins36 Registered Users (C)

    i am week in englsih. I didnt understand. Please help

    Hello
    I am week in English. I am from china. I didnot understand what you said. Can you tell me is that a problem. Can i regularize it.
    Please help this poor english man.

    Lins
     
  6. Triple Citizen

    Triple Citizen Registered Users (C)

    In the worst case scenario, if USCIS wants to come after you for hiding a very important material fact, then you will be in some trouble. You cannot regularise the mistake of hiding a material fact.

     
  7. howlongmore

    howlongmore Registered Users (C)

    In the new N-400 form, you need to fill in your spouse's previous marriage as well. So in your wife's case, in her N-400 application, she should have filled out information about YOUR previous marriage.

    Now, she can say she didn't know about your previous marriage until now. But if you can prove she knows about your previous marriage, then she is in equal trouble as you in terms of inaccurate information in the form. Is she willing to risk that?
     
  8. Triple Citizen

    Triple Citizen Registered Users (C)

    Even if the US citizenwas in it, the non-US citizen still gets thrown out for perjury.

     
  9. König

    König Registered Users (C)

    In order to de-naturalise a person, the USCIS should go to federal court and make the case. Will they decide to waste their time and money going after an otherwise law-abiding person? Even if they decide to do that, will the federal judge agree with them? It is possible but not very likely, IMO.

    Just like previous posters suggested, I would recommend the OP to hire an immigration lawyer who could talk to OP's wife and convince her that she will be in trouble too if she decides to act on her threats. I am sure lawyers can be very persuasive :)
     
  10. playmaker

    playmaker Registered Users (C)

     
  11. John Smith 1

    John Smith 1 Registered Users (C)

    just ignore her, do not pay attention to her, there is nothing she can do to harm you, you already citizen for the last 5 years, i do not think the immigration care about your previous marriage and i really doubt that
    they have the money or the resources to go to china to investigate it, your wife is a toothless tiger she cant bite
     
  12. WBH

    WBH Registered Users (C)

     
  13. USER2345

    USER2345 Registered Users (C)

    Absolutely nothing to worry about! Ignore her!
     
  14. josephwright12

    josephwright12 Registered Users (C)

    I think you should pursue for some settlement with your wife.
     
  15. lins36

    lins36 Registered Users (C)

    Hi
    In June 2010 she sent me an email stating that she complained to USCIS about my first divorce which I didn’t declare in my N 400 application. And till now I didn’t get notice from USCIS, I am not sure whether she really complained or she is again threatening me.
    Now My Father in china is almost on the death bed, I want to go and see come, If I go now, Can USCIS stop me from entering back to USA. Please let me know.

    Thanks in advance
     
  16. John Smith 1

    John Smith 1 Registered Users (C)

    you are already citizen my friend,just go to china and see your father, this woman cant harm you, all she can do is talk and talk
     
  17. König

    König Registered Users (C)

    Again, I repeat that only a federal judge can revoke someone's citizenship - until then, a person is a US citizen and can leave/enter the US at will.
     
  18. lins36

    lins36 Registered Users (C)

    Hi John and Konig .thanks for your valuable words.
     
  19. Al Southner

    Al Southner Registered Users (C)

    The blackmailing process involves an exchange of some form. What is it specifically that your ex-wife is asking from you? She probably needs something from you, and hence she is trying to screw with you. How long were you married to her? If she sponsored you for a green card, she herself will be in trouble because unless this marriage was declared then, she will be chewed too by USCIS. Unless you are a criminal, USCIS won't be bothered in spending resources on you. How is your father? I hope better...
     
  20. WBH

    WBH Registered Users (C)

    That is a potential risk. I don't think USCIS will pursue the OP on this ground unless the ex-spouse can add more dirt. Previous marriage is not that really material fact because it does not affect citizehnship eligibility no matter what. But still one should tell truth.

    So we see the following cases
    (1) citizenship processs is very sound. Then by current law, one can not be denaturalzied no matte what the person does after citizenship (with eception of treason etc but that applies to native born citizn too)
    (2) citizenship process is very flawed, then USCIS will pursue to de-natualize the person even after citzenship, the person is a model percet citizen
    (3) citizenship process is not very sound but does have some minor issue such as the OP's not disclosing
    previous marriage and divorce, then the USCIS may pursue to denaturalize the person if the person commit a serious crime. But I think this crime would be much more serious than threshhold set for deportation of permanent resident.

    So the OP is fine but don't commit any serious crime. I am not saying he can commite a minor crime
    but we are talking about citizenhsip here for that purpose, a minor crime may be OK to keep citizenhip but not a serious crime.
     

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