urgent advice on Termination GC and denal citizenship

M

mr4u

New Member
Hi every one!
I need urgent advice plz.
My long story short is
Came to usa 4.6 years ago married to us citizen after one year got conditional green card after 22 months applied joint appliaction I751 to remove condition on green card. decision was not made on I751 until next 18 months in meanwhile I applied citizenship as I was married to us citizen from 3 years and was living here in usa. after that my us citizen wife sepreted from me 3 weeks before interew of citizenship. I got advice from professional atorney he advised me to go on interveiw even with or without your wife,
I went to my N-400 citizenship interview I passed my interview they asked about my wife if we still togather I didnt lie and told them truth that we r seprated from 4 weeks after that on end of interview they give me n-652 decision can not made this time,

now after 2 months of interview I got decision latter from uscis that my both I751 and n-400 appliactions denied. coz my wife didnt appear on iterview with me and we are seprated, even though they never asked me to bring my wife to interview . they gave me 30 days for appeal.
Please I request to all Give me advice I am very upset.Now also my divorce is pending in court,
 
I don't think they are going to revoke your GC, but I don't see any chance of appealing the decision. The truth is your marriage is pending divorce. I am afraid you'll have to wait and apply under the 5 year as a permanent resident option.
 
mr4u said:
I went to my N-400 citizenship interview I passed my interview they asked about my wife if we still togather I didnt lie and told them truth that we r seprated from 4 weeks after that on end of interview they give me n-652 decision can not made this time,
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There is no use appealing the N-400 denial. To qualify for citizenship under the 3-year rule, your marriage needs to still be viable and healthy, which obviously yours isn't, now that a divorce is pending.

However, you can appeal the denial of the I-751 by providing evidence that you entered the marriage for bona fide reasons. Talk to your lawyer about how to do that.
 
Jackolantern is correct. I think your GC is already effectively revoked since I-751 was denied. You do need to get a lawyer and appeal the denial of I-751 right away. Forget about N-400.

The required standards of proof for marriage-based N-400 and for I-751 are different. For N-400 you would have to prove that the marriage is still intact. For I-751 you just need to prove that it was a valid bona fide marriage that was entered into without the intent to commit fraud. It is not required for the two people to still be married at the time of I-751 adjudication and I-751 is often approved after a divorce or while the divorce is pending. So you'd need to prove that the marriage was valid to begin with, which can be done by submitting things like copies of joint tax returns, joing bank account statements, joint rental or mortgage agreements, etc. Appealing the I-751 denial is a much higher priority since you need to secure your GC status first and then worry about naturalization later.
 
Huracan said:
I don't think they are going to revoke your GC, but I don't see any chance of appealing the decision. The truth is your marriage is pending divorce. I am afraid you'll have to wait and apply under the 5 year as a permanent resident option.
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No, he cannot apply under 5 year unless his I-751 application is approved. He had his 2-year condition GC. When his request to remove the condition (I-751) was denied, his GC cannot be converted to permanent GC because 2-year condition cannot be removed. I think his temp GC is not entirely revoked.

If his temp GC is expired, he will be out of the status or will be asked to leave out of the country voluntarily. If his temp GC is not expired and his wife goes back to him, he probably has a good chance to appeal on I-751 and re-apply for N-400 under 5-year rule.
 
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Ohoooo Sad, Sad indeed. Hwe should have made sure that the I-175 is approved before applying for citizenship especially on the 3 year rule. I feel sorry for the guy. I had a rough time too but worked my way through. He needs either to find another wife if one he has does not take him back to make the situation normal.

That's the way I see it. Otherwise, It is tough and horrible.. Positive prayers work too. You need positive energy and no reason to really panic but look for options.
 
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