Chances of Citizenship application being approved

[BWI]

I have read a number of posts here in this forum and have found it quite informative. My case is a bit unique and would like some insight.

I came to the US on my own H1B and got married to my now ex-wife in 2001. I had my H1B through the years until both our GC's got approved through my ex-wife's employer. My GC was not conditional because my marriage was over the 2 year period.

It has been 5 years now and I applied for my citizenship using the 5 year minus 90 day period rule. The date for interview is just around the corner.

Before our marriage we lived in different states. After our marriage, due to her difficulties in finding a job in the state I lived, she moved back to her employer's state after a few months of our marriage and also continued to pursue her GC. This was done due to: inability in finding a job in my state, avoid being out-of-status and also to continue the GC process rather than start afresh in a shaky economy (dotcom bust). Due to these reasons, though we were married we had to work and live in different states for almost 2 years. After the GC approval she moved back and started living together. Unfortunately we divorced after 2 years. This marriage was absolutely in good faith.

• I have joint bank accounts, joint credit cards, joint medical and life insurance through work.
• Our utility bills were not in joint names but were paid through joint bank accounts using bill pay or through joint credit cards.
• Tax returns were filed Married filing separately in some years.
• Gaps in joint apartment leases exist due to the different states in which we lived.
• I also have documents showing joint home ownership through purchase and sale of house.

• How will the IO look at my application for citizenship:
• Living in different states during our marriage and GC process.
• Bills in individual names, but were paid through bill pay or joint accounts.
• No utility bills but only records of payments through joint bank accounts or joint credit cards.
• Also, is my citizenship application dependent on my ex-wife's application for citizenship being approved? What if she has issues in her citizenship approval process?
• Will my application be approved or denied, if denied what would be my recourse?
• Should I use an attorney during my interview because of these complications? And if so could you suggest a really good attorney in the NY

area.

Thanks

 

[eltoro]

You're fine. Your ex-wife's citizenship application has no bearing on yours. Your green card is not conditional, as it was obtained through the employer. You are eligible now and you have very good chance of being approved. The divorce, lack of joint accounts, living in 2 different states have no bearing on your application.

 

[Jackolantern]

You'll be OK, as they won't be questioning the validity of your marriage in your situation. But given that you're divorced, you should bring the divorce decree to the interview. And if you had children who are now living with your ex-wife, you need proof that you're paying child support.