citizenship

[marie_travel]

I have been married to USC for 4.5 years. He now wants divorce because he found somebody else. I wanted to file for citizenship in SEP 2010 when I will be eligible under a 5 year rule. He is now threatning to have me deported, call USCIS and tell them to revoke my green card. Can he really do that? I mean lie and stuff? I am scared of him and I know that he wants me out of the country at this point. What do I do to protect my status? I entered legally in 2005 on an immigrant visa and I have done everything legally. He is just paying a pain because he found someone else and wants to get rid of me.

 

[DavidSEA]

Marie,
I assume you already had your conditional GC converted into a regular GC by now? It does not speak well for your husband to threaten you, but he cannot have your GC revoked. I assume you both entered your marriage on bona fide terms. The USCIS does not expect every marriage to last forever, hence your GC status will not be impacted by a divorce.
BTW: Since you've been married to a USC, you could have filed for citizenship after already 3 years (assuming your marriage was still in good standing at that time). Given the likely divorce proceedings, you'd now need to wait for the 5 years LPR to pass before you can file an N400

I have been married to USC for 4.5 years. He now wants divorce because he found somebody else. I wanted to file for citizenship in SEP 2010 when I will be eligible under a 5 year rule. He is now threatning to have me deported, call USCIS and tell them to revoke my green card. Can he really do that? I mean lie and stuff? I am scared of him and I know that he wants me out of the country at this point. What do I do to protect my status? I entered legally in 2005 on an immigrant visa and I have done everything legally. He is just paying a pain because he found someone else and wants to get rid of me.

 

[Al Southner]

Leave your husband and start a new life somewhere. USCIS cannot revoke your greencard,he is screwing with your head. So, don't believe him nor tell him that you know USCIS can't deport you. Some USC can become losers in the end when they want a new fling. You can file for your citizenship under the 5 year rule, if he initiates the divorce proceedings, don't be bothered by them because you will be filing under the 5 year rule which requires less burden on you, unlike the 3 year filing. If you are scared to be with him, that's not a sign of a healthy relationship. What else is he capable of doing? If you have family or friends, ask to move in with them for a time being, assuming that you have a job, it won't be difficult to find an apartment to start you own life while awaiting for a divorce, assuming he files. If you don't contest anything in the divorce process, it will be over in a jiffy.

 

[spiderman03]

I have been married to USC for 4.5 years. He now wants divorce because he found somebody else. I wanted to file for citizenship in SEP 2010 when I will be eligible under a 5 year rule. He is now threatning to have me deported, call USCIS and tell them to revoke my green card. Can he really do that? I mean lie and stuff? I am scared of him and I know that he wants me out of the country at this point. What do I do to protect my status? I entered legally in 2005 on an immigrant visa and I have done everything legally. He is just paying a pain because he found someone else and wants to get rid of me.

Did you get your 'conditional' GC changed to 'parmanent' GC? If you did, you don't have to worry anymore. He is just scaring you. You are eligible to apply for citizenship on your own status. If you still hold 'conditional' GC, approach a lawyer to file for 'permanent' GC status immediately and also, explain your case. The most important thing is, keep any/all kind of marital evidence that prove that you were married to him for 4.5 hrs. years. It includes joint accounts, same address utility bills, family photos, videos, joint insurance and car titles, rent/house payments etc.....

 

[WBH]

Did you get your 'conditional' GC changed to 'parmanent' GC? If you did, you don't have to worry anymore. He is just scaring you.

It is still an issue if the husband claim to USCIS that the wife got married in order to get the GC in the first place.
The OP still better need to prepare some docuemnts to show the marriage was genuine even if she filed under 5
year rule.

 

[Cl_Asylee]

It is still an issue if the husband claim to USCIS that the wife got married in order to get the GC in the first place.
The OP still better need to prepare some docuemnts to show the marriage was genuine even if she filed under 5
year rule.

If he lies and says that he married her, so she can get the GC, he is going to be in trouble too.

 

[Jackolantern]

It is still an issue if the husband claim to USCIS that the wife got married in order to get the GC in the first place.

At this stage, he will have to provide some solid evidence to support that claim. Merely complaining to USCIS won't be enough to take away her green card, now that she has the unconditional card and has been married for 4.5 years without him complaining to USCIS before. If he doesn't have good proof, USCIS will dismiss him as just another vindictive spouse.

 

[spiderman03]

It is still an issue if the husband claim to USCIS that the wife got married in order to get the GC in the first place.
The OP still better need to prepare some docuemnts to show the marriage was genuine even if she filed under 5
year rule.

He cannot say that. Otherwise he will be in trouble too. So, that part is ruled out unless the guy is stupid enough to imlicate himself while retaliating at her. The best thing for her to do is calm him down, come to an understanding about leaving him alone with any futher arguments/fights (if that is what he wants) and file for citizenship later with the help of a lawyer. In the meantime, file for getting the 'conditional' GC status removed based on the 4.5 yrs. of marital evidence. If the OP can tell us if she is still holding 'conditional' GC or 'permanent' GC, that would help.

 

[marie_travel]

I removed the conditions in JULY 2008. I know I could have filed for citizenship in 2008, I just never did. I do have a lot of proof that the marriage was genuine, he just turned out to be an *** (excuse my language) and now wants to pursue another relationship. He has not filed for divorce yet but I assume he will. We are still at the same address, but he is trying to have me kicked out. All this will probably mess up my citizenship chances in SEP especially if the divorce won't be finalized yet.

 

[spiderman03]

I removed the conditions in JULY 2008. I know I could have filed for citizenship in 2008, I just never did. I do have a lot of proof that the marriage was genuine, he just turned out to be an *** (excuse my language) and now wants to pursue another relationship. He has not filed for divorce yet but I assume he will. We are still at the same address, but he is trying to have me kicked out. All this will probably mess up my citizenship chances in SEP especially if the divorce won't be finalized yet.

I don't know where you got the idea that your citizenship application will be in trouble. Unlike GC processing (I-485), citizenship petition is independent of any relationship. Whether the divorce is complete by then or not is immaterial now. You are a parmanent GC holder now and your marital status does not effect your naturalization process. You are safe to leave him now (I cannot suggest other factors like serviving financially etc..). Just keep your marital evidence until the minute you leave him. There is nothing for him to compain to USCIS. The only thing I suggest is, when you file for citizenship, go through a lawyer. Not because your case is any complicated but the lawyer will be able to explain to USCIS if there is an issue about your marriage. In my personal opinion, you have nothing to worry at all.

 

[DavidSEA]

you''re all good then with your own GC status. And no, for filing under the 5 years rule, the state of your marriage does not affect an approval, you can file and be approved even while you suffer through a divorce.

In the spirit of full disclosure, there is guidance for N400 adjucation where adultery itself could be indicative of lack of good moral character. But your post mentions that it is your husband philandering into new relationships, so you're certainly in the clear.

I removed the conditions in JULY 2008. I know I could have filed for citizenship in 2008, I just never did. I do have a lot of proof that the marriage was genuine, he just turned out to be an *** (excuse my language) and now wants to pursue another relationship. He has not filed for divorce yet but I assume he will. We are still at the same address, but he is trying to have me kicked out. All this will probably mess up my citizenship chances in SEP especially if the divorce won't be finalized yet.

 

[GungaDin]

I have been married to USC for 4.5 years. He now wants divorce because he found somebody else. I wanted to file for citizenship in SEP 2010 when I will be eligible under a 5 year rule. He is now threatning to have me deported, call USCIS and tell them to revoke my green card. Can he really do that? I mean lie and stuff? I am scared of him and I know that he wants me out of the country at this point. What do I do to protect my status? I entered legally in 2005 on an immigrant visa and I have done everything legally. He is just paying a pain because he found someone else and wants to get rid of me.

Looks like your husband (or his divorce lawyer - he already may be speaking with one behind your back) thinks your Immigration Status is a bargaining chip for any divorce settlement. (It isn't). Collect your paperwork and file for citizenship when you're eligible. Pending divorce is not and adverse factor under the 5 yr rule. The time for him to complain about a fake marriage was when you got your conditions removed from the GC. Its too late for him to complain now - He's affirmed the marriage twice (initial GC and for removing conditions) so there's nothing he can do about your Green card/Citizenship now. (unless he can show that you held a gun to his head and forced him to sign the removal of conditions forms)

Unrelated to your naturalization: I'm sure you're already collecting evidence of his infideliity - just in case he tries to say that it is you who's been cheating. If you think your marriage is on its last legs, go talk to a support group/lawyer/someone who can start advising you on what you need to do and not do in this situation.

 

[marie_travel]

Today things kinda escalated because I called the woman he has been having an affair with and he got so mad he tried to hurt me. I didn't call police but I know I should have. I know I should leave, but I don't want to be the one to leave. If I leave, then they can say, oh well she is the one that left him. There has been a lot of mental cruelty, some physical abuse etc, but I have no proof other than telling friends. I never called police. Also, I have nowhere to go at this point. He is determent to have me deported. I was told by my lawyer that I don't have to leave the apartment since my name is on the lease as well.

We have been married for 4.5 years, but he was deployed for 2 years, so we were physically living together for 2.5. Is that going to be a problem with my citizenship let's say if I do leave now? I will file under a 5 year rule. I have not been out of the country more than 2 weeks a year, but like I said we were physically living together for 2.5 years because of him being in the war. Is that going to be a problem?

 

[GungaDin]

Today things kinda escalated because I called the woman he has been having an affair with and he got so mad he tried to hurt me. I didn't call police but I know I should have. I know I should leave, but I don't want to be the one to leave. If I leave, then they can say, oh well she is the one that left him. There has been a lot of mental cruelty, some physical abuse etc, but I have no proof other than telling friends. I never called police. Also, I have nowhere to go at this point. He is determent to have me deported. I was told by my lawyer that I don't have to leave the apartment since my name is on the lease as well.

We have been married for 4.5 years, but he was deployed for 2 years, so we were physically living together for 2.5. Is that going to be a problem with my citizenship let's say if I do leave now? I will file under a 5 year rule. I have not been out of the country more than 2 weeks a year, but like I said we were physically living together for 2.5 years because of him being in the war. Is that going to be a problem?

This is NOT the correct place to get the kind of help you need. Contact a local battered women's shelter ASAP. You'll get better advice from them than your lawyer.
(the lawyer's technically right, but you're the one who has to deal with the situation)
Again. Stop worrying about your citizenship application which is several months away and worry about your immediate situation. All your concerns only apply to USC applications made under the 3-yr rule not 5-yr rule.

 

[Jackolantern]

Today things kinda escalated because I called the woman he has been having an affair with and he got so mad he tried to hurt me. I didn't call police but I know I should have. I know I should leave, but I don't want to be the one to leave. If I leave, then they can say, oh well she is the one that left him.

So what if they say that? You have every right to leave! And it won't affect your green card status or citizenship prospects. You have been married long enough and you have the 10-year unconditional card. Leave ASAP and stop worrying about your green card; you are not going to lose it.