A silly question

[jimgreener]

I have seen many posts here where people have been asked to prove that their marriage is still valid at the time of N400 interview...In fact they want to know if the marriage has been valid for last 3 yrs.
My question is this: Since the GC was issued based on the marriage, it was already determined that the marriage is legit.
Now if for some reason they found that the marriage is not valid for last three years what will be the result?
Deportation? Denial till you reach 5 yrs? What?

Also, I have not come across any posts so far who were denied N400 because of the invalid marriage....
any thoughts....

 

[Washburn27]

Also, I have not come across any posts so far who were denied N400 because of the invalid marriage....

probably because they were not invalid.
And if the marriage has become invalid after getting GC (no matter even if the GC was gotten thru marriage and marriage was legit at the time), then that is a reason for denial; and it should be.

 

[McTavish]

If your marriage has become invalid, you have seperated or divorced, before you reach 3 years then you need to wait until you complete 5 years LPR before applying for citizenship.

 

[jimgreener]

Just because someone has joint utility bills doesn't prove the legitimacy of the marriage.Some people have kids and that is not enough?

 

[Bobsmyth]

I have seen many posts here where people have been asked to prove that their marriage is still valid at the time of N400 interview...In fact they want to know if the marriage has been valid for last 3 yrs.
My question is this: Since the GC was issued based on the marriage, it was already determined that the marriage is legit.
Now if for some reason they found that the marriage is not valid for last three years what will be the result?
Deportation? Denial till you reach 5 yrs? What?

Also, I have not come across any posts so far who were denied N400 because of the invalid marriage....
any thoughts....

GC and naturalization eligibility requirements are two separate things. You may have a legitimate marriage based GC , but for marriage based naturalization you still have to have been validly and legitimately married to a US citizen for 3 years after you obtained your GC. Furthermore, for naturalization the marriage has to be valid and legit up until the oath date. If an applicant can't prove the validity and legitimacy of the marriage, the application will be denied. Deportation would only occur if it was found that the initial GC was obtained through fraudulent means. A typical scenario is someone who obtained GC via legitimate marriage and then applied for naturalization after 3 years only to have marriage problems during the naturalization process. At the interview it becomes apparent that the couple has not been living together for several months (sometimes a sign of separation and pending divorce). The IO would then request documents as proof if the couple were living together during the statutory period, and if their marriage is still valid.
As for the lack of posts from applicants who were denied based on invalid marriage, I'm sure that's something they wouldn't want to share if their marriage became invalid (through pending divorce) during the process.

 

[Bobsmyth]

Just because someone has joint utility bills doesn't prove the legitimacy of the marriage.

The purpose for asking for joint utility bills is to establish whether the married couple has been living together in order to establish the legitimacy of the marriage.