Applied for citizenship under 3 years marriage to USC, still pending, will file for divorce...

[Michelle100]

Hello all,
I applied for citizenship (N-400) back in September 2009. At that time i was married to a US citizen and had GC for little over 3 years.
I went through the fingerprinting and Test interview, and got an invitation for the oath ceremony which was scheduled for January 2010. I got a phone call two days before the ceremony and they told me not to show up for the oath ceremony. Since then I have been waiting... Now it is 20 months after I filed...
I also requested to check my case status , once by phone, other time over the web request. Both times, I received a letter saying that they are actively processing my case and if i don't hear back within 6 months...then I should contact them...
Me and my wife are about to separate after 6 years of marriage. I'm wondering if/should i notify USCIS that I'm getting a divorce...
Will my application be rejected because of that?? I mean today I already have the GC for more than 5 years... But when i applied for the N-400, I did select the option that I'm eligible because I'm married to a USC and have GC for 3 years.
Please help me as I'm confused.
I have no idea why this huge delay, as most cases and mine too should have been completed in 3-4 months...
Maybe I should ask them to close my case and apply with a new application under the 5 year GC holder?
btw: Do you think I should contact my local congress man about this, I heard that sometimes they can find out more on status and/or also expedite cases like this.
Thanks again...

 

[Jackolantern]

You should have showed up for the oath even though you got the phone call telling you not to. Don't always trust what they tell you on the phone. If you showed up you might have been able to take the oath.

Separation* or divorce will disqualify you from the 3-year rule. Note that the back of the letter has a question asking if you've been divorced or separated since the interview.

You should withdraw this case and reapply with the 5-year rule. Unfortunately, you can't switch an existing case to the 5-year rule unless you originally qualified for the 5-year rule when you applied.

Do you think I should contact my local congress man about this, I heard that sometimes they can find out more on status and/or also expedite cases like this.

You should have done that back in 2010. Kinda too late for that now that you're disqualified or about to be disqualified.


*unless it's a temporary separation due to circumstances other than marital problems, such as job relocation or university studies in another state or distant city

 

[ivantheterrible]

Be more sweet with your wife and wait until you get citizenship.. if not you are in the risk of loss everything.. and time by time it is getting harder and harder to get naturalization.

 

[Michelle100]

Why would i lose everything..as you say?
As of last month, I already posses the GC for 5 years. The way i see it is if i withdraw the application, I will lose the $600 in fees that i paid...back in 2009 and pay it again on the new application...

Be more sweet with your wife and wait until you get citizenship.. if not you are in the risk of loss everything.. and time by time it is getting harder and harder to get naturalization.

 

[Michelle100]

Thank you so much for your answers.
Why do you think it is too late to ask/use the congress man about this?
How often do you know of cases that take that long? and what could be a reason for that?

 

[Jackolantern]

Thank you so much for your answers.
Why do you think it is too late to ask/use the congress man about this?

Suppose the Congressman succeeds in getting you an oath date a month from now. You still have to show up at the oath and answer the question about whether you're separated or divorced. Do you expect to still be together until the oath? What if it takes 2 or 3 months to get an oath?

How often do you know of cases that take that long? and what could be a reason for that?

There have been a few other cases on this forum that took about as long or longer. But those whose cases took so long didn't take much (if any) aggressive action such as contacting their Congressman or filing a lawsuit.

USCIS is sloppy with their workflow management, and a case that is put on hold sometimes goes into a black hole never to be seen again for years. That's just how they operate.

 

[Michelle100]

Despite the imminent divorce, we are still with a good relationship. We have our problems but it doesn't mean we need to divorce right now... It is just that we want to move on, and each pulling to different direction.
How can I notify USCIS about my divorce if it does happen? And should i ask to explicitly withdraw my application because of that?

Suppose the Congressman succeeds in getting you an oath date a month from now. You still have to show up at the oath and answer the question about whether you're separated or divorced. Do you expect to still be together until the oath? What if it takes 2 or 3 months to get an oath?


There have been a few other cases on this forum that took about as long or longer. But those whose cases took so long didn't take much (if any) aggressive action such as contacting their Congressman or filing a lawsuit.

USCIS is sloppy with their workflow management, and a case that is put on hold sometimes goes into a black hole never to be seen again for years. That's just how they operate.

 

[faysal]

Who knows why the USCIS is delaying your case; probably, they are little suspicious about your marriage. If you divorce, their suspiciom might be magnified; and who knows they may even go after your greencard.

In my own opinion, I suggest that you push your case for a while. Get approval or denial...If you get denied, then you will have the apportunity to refile on your own.

 

[baikal3]

Despite the imminent divorce, we are still with a good relationship. We have our problems but it doesn't mean we need to divorce right now... It is just that we want to move on, and each pulling to different direction.
How can I notify USCIS about my divorce if it does happen? And should i ask to explicitly withdraw my application because of that?

As Jackolantern said, for the 3 year marriage rule under which you have filed N-400, you are required to be married to your U.S. citizen spouse up to the moment of naturalization. A legal separation is treated the same as divorce and terminates eligibility for naturalization under the 3 year rule.

See the relevant portion of 8CFR319.1:
" (2) Loss of Marital Union(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen.

(ii) Separation(A) Legal separation. Any legal separation will break the continuity of the marital union required for purposes of this part.

(B) Informal separation. Any informal separation that suggests the possibility of marital disunity will be evaluated on a case-by-case basis to determine whether it is sufficient enough to signify the dissolution of the marital union."

See http://cfr.vlex.com/vid/living-marital-union-citizen-spouse-19608389

Even if your case suddenly starts moving and you receive the oath letter (form N-445), Question 1 on the letter asks if after the date of the interview you have been divorced or separated. There will be IO at the oath who will review your N-445 before the oath starts and in case of divorce or separation having occurred after the interview, you will not be allowed to take the oath and your application will be denied.
In case of informal rather than legal separation you'll still need to inform the IO at the oath about it and chances are your file would be held back for additional review after that.

 

[Bobsmyth]

How can I notify USCIS about my divorce if it does happen? And should i ask to explicitly withdraw my application because of that?

Write USCIS a letter and request to withdraw your application due to a change in marital status that no longer makes your eligible under 3 year rule. Once you get confirmation that USCIS has withdrawn your application, you can immediately apply under 5 year rule if you meet the requirements.

 

[Michelle100]

Hey Bobsmyth,
Don't you think (as faysal below), that if i go ahead and file a divorce and notify USCIS), then they might be more suspicious???
I have nothing to hide, but i still know that they have a lot of power and it is hard sometimes to prove that one is not an elephant...
Maybe i should go ahead and contact my congressman?

Write USCIS a letter and request to withdraw your application due to a change in marital status that no longer makes your eligible under 3 year rule. Once you get confirmation that USCIS has withdrawn your application, you can immediately apply under 5 year rule if you meet the requirements.

 

[baikal3]

Hey Bobsmyth,
Don't you think (as faysal below), that if i go ahead and file a divorce and notify USCIS), then they might be more suspicious???
I have nothing to hide, but i still know that they have a lot of power and it is hard sometimes to prove that one is not an elephant...
Maybe i should go ahead and contact my congressman?

Bobsmyth is absolutely correct while Faysal is talking nonsense. If you have filed/are filing for divorce, you need to withdraw your application now (since you are no longer eligible under the 3-year rule that your application was filed) and re-apply under the 5-year rule. Contacting your congressman is useless in this situation and you have nothing to be afraid of if you do withdraw the application. On the contrary, if you don't withdraw your application and it somehow does get unstuck and moves forward and if you take the oath but don't tell the USCIS about the divorce, then you'd be guilty of lying since, as I said, the oath letter explicitly asks if you have been separated/divorced after the interview. Concealing this information could be used as grounds to revoke your naturalization later. Withdraw your application now and re-apply under the 5-year rule.

 

[Bobsmyth]

Hey Bobsmyth,
Don't you think (as faysal below), that if i go ahead and file a divorce and notify USCIS), then they might be more suspicious???

Suspicious about what? Applicants get divorced during the process and are no longer eligible; it's part of reality. The same is true for applicants who travel for too long during the process or who commit a crime during the process, thereby no longer making them eligible for naturalization.

 

[Michelle100]

I understand and tend to agree with you guys.
Maybe I should set a day and if i don't get an answer by then, just to send them a letter.
btw: Which address should i use? The FO? the regional office? lock box?

thank you all for the great help!

Suspicious about what? Applicants get divorced during the process and are no longer eligible; it's part of reality. The same is true for applicants who travel for too long during the process or who commit a crime during the process, thereby no longer making them eligible for naturalization.

 

[BigJoe5]

I understand and tend to agree with you guys.
Maybe I should set a day and if i don't get an answer by then, just to send them a letter.
btw: Which address should i use? The FO? the regional office? lock box?

thank you all for the great help!

IF you are NOW ELIGIBLE under the 5 yr rule INA 316(a), you can file a new N-400 and simultaneously WITHDRAW the prior N-400. You have lost eligibility under the 3 yr rule INA 319(a) and cannot proceed. IF you did commit fraud to naturalize on the invalid N-400, it WILL come back to haunt you and you will be subject to denaturalization and most likely deportation in an internationally widely publicized case to live in shame for the rest of your life abroad in your home country. Don't make such a stupid move.

 

[Michelle100]

No fraud at all so I'm not worried about that. The worst thing i ever did here is an illegal U-turn in business street and two parking tickets.
Can I put the withdrawal request/letter with my new N-400 package?
Or should i first withdraw, and only when i get confirmation, then to file the new one.
I'm afraid having two active N-400 application can get me in trouble..

IF you are NOW ELIGIBLE under the 5 yr rule INA 316(a), you can file a new N-400 and simultaneously WITHDRAW the prior N-400. You have lost eligibility under the 3 yr rule INA 319(a) and cannot proceed. IF you did commit fraud to naturalize on the invalid N-400, it WILL come back to haunt you and you will be subject to denaturalization and most likely deportation in an internationally widely publicized case to live in shame for the rest of your life abroad in your home country. Don't make such a stupid move.

 

[baikal3]

No fraud at all so I'm not worried about that. The worst thing i ever did here is an illegal U-turn in business street and two parking tickets.
Can I put the withdrawal request/letter with my new N-400 package?
Or should i first withdraw, and only when i get confirmation, then to file the new one.
I'm afraid having two active N-400 application can get me in trouble..

Withdraw the current N-400 first. Then submit a new N-400 separately.
If you try to include the withdrawal request with the new N-400 application, the request will most likely will not get noticed.
When an N-400 is submitted, it undergoes only a very superficial check at the time of the receipt: the clerks in the processing room check if the payment is enclosed, if the form is signed and if there are any other obvious omissions.
After that nobody looks at the application in detail until the time of the interview.

So submit a withdrawal request first, and then submit a new N-400 application separately. On the original N-400 application received notice there should be an address for communicating with USCIS - you can mail a letter requesting to withdraw your application to that address. If no such address is specified, call the USCIS customer service number (that one should certainly be listed on the application received notice) and ask them where to mail your withdrawal request.

 

[angela20]

You won't fall under 3 year rule but you can apply for US Citizenship for 5 year rule, considered conditional on residence is removed.

 

[Michelle100]

Yes, the condition on my permanent residence was removed 3 years ago...
I'm now married for about 6 years, and have GC for 5 years plus.

You won't fall under 3 year rule but you can apply for US Citizenship for 5 year rule, considered conditional on residence is removed.

 

[faysal]

Michelle100:

My understanding of you said is that you are considering to separate/divorce. I assume that these actions have not happened. And it seems that forum members are advising you as though you had already separated/divorced.
Your case is pending for a reason which you don't know. If you withdraw the application, the record is ganna remain there, and there is no quarantee that the knew one will sail through smoothly. And remember, your greencard is based on marriage and they can go after it at any time. So be careful in your decision making. At this point, if your separation/divorce is the thinking stage, then you have nothing to report. If you have filed the separation paperwork withthe proper authorities, then you have no choice but inform the uscis of you action...and go from their...Also be aware of idiots on the furom who like to dance for others instead of giving their opinion...One is lawyer here only amatuers...act acordingly...good luck