10 GC approved a few weeks after divorce

[thedosanddonts]

I was married in April 04 divorced in March 08.My conditional GC was valid from 05-07. I got my 10 GC approved a few weeks after my divorce. I sent off my waiver with decree and letter explaining the situation only to be returned to me as i had already gotten my 10 GC.
I am now remarried and was wondering if I will have major issues when i apply for citizenship?

 

[ananga73]

The problem was that THEY made a mistake in giving you a conditional green card in 05-07 BECAUSE you had been already married more than two years so they SHOULD have given you the 10 year card from the get go.

You should have no issues going for citizenship.

Best!

I was married in April 04 divorced in March 08.My conditional GC was valid from 05-07. I got my 10 GC approved a few weeks after my divorce. I sent off my waiver with decree and letter explaining the situation only to be returned to me as i had already gotten my 10 GC.
I am now remarried and was wondering if I will have major issues when i apply for citizenship?

 

[Jackolantern]

I was married in April 04 divorced in March 08.My conditional GC was valid from 05-07.

If by 05-07 you mean May 2007, you should have originally received a 10-year card in 2007, so divorcing in 2008 won't cause a problem, other than maybe some explaining in the citizenship interview.

 

[thedosanddonts]

The problem was that THEY made a mistake in giving you a conditional green card in 05-07 BECAUSE you had been already married more than two years so they SHOULD have given you the 10 year card from the get go.

You should have no issues going for citizenship.

Best!

If by 05-07 you mean May 2007, you should have originally received a 10-year card in 2007, so divorcing in 2008 won't cause a problem, other than maybe some explaining in the citizenship interview.

Yes my conditional GC was vaild from May 2005 until May 2007. My 10GC was approved end of March 08. Marriage divorce was recieved first week of March 08 and sent off waiver. Recieved 10GC, then in april my waiver was sent back including money order.

In 2010 my case status was updated, yet no idea what it was for. Never recieved any info as to why that was.

 

[ananga73]

What are you talking about? You are confusing the issue now because the date in your first posting and this your response are not matching. In the first one you said the conditional green card was valid FROM 05-07. Did you mean it was valid TILL 05-07?

If your green card was issued in May 2005, then it was correct that they gave you a conditional green card. In that case the answers we gave you previously do not apply.

You very likely will have problems with your citizenship if the reviewer scrutinizes the dates carefully because it looks like you FILED for divorce while the green card had NOT been approved therefor you were ineligible for the extension WITHOUT a waiver. And to get the waiver, your divorce should have been COMPLETED before filing.

Get a competent immigration attorney. I hope you kept that waiver things because it would be proof you did your part and filed the waiver but they are the one who dropped the ball and ignored it. Like I said, the reviewing officer has discretion and might either overlook it, ignore it, or sodomize you for it without the use of any lubricant.

Yes my conditional GC was vaild from May 2005 until May 2007. My 10GC was approved end of March 08. Marriage divorce was recieved first week of March 08 and sent off waiver. Recieved 10GC, then in april my waiver was sent back including money order.

In 2010 my case status was updated, yet no idea what it was for. Never recieved any info as to why that was.

 

[thedosanddonts]

What are you talking about? You are confusing the issue now because the date in your first posting and this your response are not matching. In the first one you said the conditional green card was valid FROM 05-07. Did you mean it was valid TILL 05-07?

If your green card was issued in May 2005, then it was correct that they gave you a conditional green card. In that case the answers we gave you previously do not apply.

You very likely will have problems with your citizenship if the reviewer scrutinizes the dates carefully because it looks like you FILED for divorce while the green card had NOT been approved therefor you were ineligible for the extension WITHOUT a waiver. And to get the waiver, your divorce should have been COMPLETED before filing.

Get a competent immigration attorney. I hope you kept that waiver things because it would be proof you did your part and filed the waiver but they are the one who dropped the ball and ignored it. Like I said, the reviewing officer has discretion and might either overlook it, ignore it, or sodomize you for it without the use of any lubricant.

My conditional green card was valid from May 2005 until May 2007.

 

[thedosanddonts]

We was still married until March 2008. I never knew she was even divorcing me until i got served papers....

It states on my 10 GC that i have been a resident since May 2005.

 

[ananga73]

In that case correct your original post, see my response in post # 5, and get a competent attorney when you're applying for naturalization because it was awarded in error, you were in the process of divorce when it was awarded and thus not eligible without a waiver.

Best.

My conditional green card was valid from May 2005 until May 2007.

 

[thedosanddonts]

In that case correct your original post, see my response in post # 5, and get a competent attorney when you're applying for naturalization because it was awarded in error, you were in the process of divorce when it was awarded and thus not eligible without a waiver.

Best.

I was divorced when it was awarded.

My present marriage will have little or no affect on my N-400 being successful i imagine?

 

[ananga73]

See answers in bold below.

I was divorced when it was awarded. That is even worse.

My present marriage will have little or no affect on my N-400 being successful i imagine? Typically it will not

 

[thedosanddonts]

Im confused. I read that if you have been married for longer than 2 years you are ok. We married in April 04, divorced in March 08

Conditional GC was May 05 through May 07 and 10 GC says resident since May 05.

 

[ananga73]

A little knowledge is a bad thing. You got divorced BEFORE the 10 year green card was approved. It appears what happened was you applied for the 10 year card and then petitioned for divorce and got divorced BEFORE it was approved. Did you notify them immediately when you filed for divorce? If you did not it can be considered fraud. If you did and they mistakenly approved it, it can still can back to bite you at naturalization.

The condition for approval of I-751 without a waiver is that the petitioner WAS LIVING IN MARITAL union with the US Citizen spouse at the time of approval, NOT just at the time of application. You might escape if you TIMELY notified USCIS of your divorce petition. This is because filing for divorce is a MATERIAL change and thus they needed to have that information a priori to the petition approval.

Your 10 year green card should ONLY have been approved WITH a waiver because you got divorced. Is this not clear? This is very simple. I don't know how better to explain it to you.

Cheers.

Im confused. I read that if you have been married for longer than 2 years you are ok. We married in April 04, divorced in March 08

Conditional GC was May 05 through May 07 and 10 GC says resident since May 05.