Divorce and Citizenship

K

kochi

Registered Users (C)
In Colorado.

Was married in 2001 and was a conditional resident till 03 when I got they condition take off. I did not have to go into court or anything just got the card in the mail.

However we did get a divorce shortly there after, I think it was in may of the same year. It was bad timing and one of those things that we just could not avoid.

I am eligible to apply for citizenship and am not sure of the consequences based on the divorce.
I have always filed the paper work accordingly etc. Just nervous that the timing seems could be seen suspiciously.

Any thoughts or advice is appreciated.
 
Kochi, if you think the timing is suspicious, so will the IO.
Now that you know this, you can be prepared to answer the IO why this wasn't a sham marriage and that at the point of removal of conditions, there was no reason to believe that the marriage was in trouble.
Think hard. Your divorce was final within 5 months of getting your conditions removed. IO is going to want to know whether the removal of Conditions was in good faith.
 
Thanks for the response.

I have talked to a lawyer and she doesn't seem to think it will be and issue. Since they saw enough to grant the green card etc. We had bought a house, had pics etc, so in that sense I can prove that it was not a sham.
But I do think it will be an issue, since, the "problems" started right around that time.

We were having problems right around the time we was getting ready for the interview to remove the condition. Then the card came in the mail in dec. 5months later the divorce, so in my mind I do not see how they will not see that as a red flag.
 
If you file for naturalization based on 5 years as permanent resident – your marriage/divorce has no influence on your application.

And by the way, there is nothing wrong in getting divorced 5 months after you got your GC. Things happen…
Don’t worry, live your life and good luck!
 
kochi said:
But I do think it will be an issue, since, the "problems" started right around that time.
5months later the divorce, so in my mind I do not see how they will not see that as a red flag.
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You will have NO problems whatsoever if you file based on 5yr as they are not interested in your marriage and you do not need to prove your marriage to them.
 
im50 said:
You will have NO problems whatsoever if you file based on 5yr as they are not interested in your marriage and you do not need to prove your marriage to them.
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IM50, as the OP received the Green Card by virtue of marriage to a USC, the validity of the marriage at the time of application AND removal of conditions is applicable to this case.
 
GungaDin said:
IM50, as the OP received the Green Card by virtue of marriage to a USC, the validity of the marriage at the time of application AND removal of conditions is applicable to this case.
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I am sorry to say but it looks that you are misinformed.

If OP applies for naturalization based on 3yr marriage to USC, then he/she has to prove that marriage was entered in good faith, as this was base for application.

When it comes to naturalization based on 5 years as permanent resident – OP needs to prove basically permanent residency along with few other requirements, where marriage/divorce has no effect on naturalization – other then the fact that OP was married or divorced.
 
kochi said:
Thanks for the response.

I have talked to a lawyer and she doesn't seem to think it will be and issue. Since they saw enough to grant the green card etc. We had bought a house, had pics etc, so in that sense I can prove that it was not a sham.
But I do think it will be an issue, since, the "problems" started right around that time.

We were having problems right around the time we was getting ready for the interview to remove the condition. Then the card came in the mail in dec. 5months later the divorce, so in my mind I do not see how they will not see that as a red flag.
Click to expand...

Re: your lawyer's response that the evidence was seen at the point of the GC application - ask her what's the point of 'removal of conditions' then? It is to ensure that 'things haven't changed wrt the marriage' and this is your challenge posed by the divorce timing.
If you can answer that to the IO's satisfaction, then there is nothing to worry about.
 
im50 said:
I am sorry to say but it looks that you are misinformed.

If OP applies for naturalization based on 3yr marriage to USC, then he/she has to prove that marriage was entered in good faith, as this was base for application.

When it comes to naturalization based on 5 years as permanent resident – OP needs to prove basically permanent residency along with few other requirements, where marriage/divorce has no effect on naturalization – other then the fact that OP was married or divorced.
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(Kochi, this is not relevant to you...)
IM50, Ever heard of Green Card Fraud?

For the 3 year rule, you don't have to show that the marriage was 'entered' in good faith - you have the show that you are currently married to the same person and the marriage is 'viable'. (I know. I recently had to take 2 binders of 'proof of marriage' to my Interview)
 
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GungaDin said:
For the 3 year rule, you don't have to show that the marriage was 'entered' in good faith - you have the show that you are currently married to the same person and the marriage is 'viable'. (I know. I recently had to take 2 binders of 'proof of marriage' to my Interview)
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OP is not applying under 3 yr rule as you did…
 
im50 said:
OP is not applying under 3 yr rule as you did…
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IM50, The previous comment wasn't for the OP. It was for you.
It doesn't apply to the OP and I was trying to explain to you that under the 3 year rule, they aren't testing to see if the marriage was 'entered' in good faith. They are checking to see that the marriage is currently going well (which encompasses the 'entered' bit)

Kochi, I won't scare you with possible scenarios just to make a case with IM50 (mainly because I don't think they apply to your case), but please don't go to the interview unprepared to answer some questions around the timing of your divorce and removal of conditions.
The IO has discretionary powers to ask you pretty much anything at the Interview and you don't want to needlessly create a situation when one needn't exist.

And, just to be clear, I'm not saying your case is going to be denied. (just be prepared).

Anyway, I've said my piece. Good Luck.
 
Yes, 5 year case could have been easier..however, even under 5 year rule, USCIS usually review/inspects the entire immigration history during N-400 process and if they determine that your GC was obtained based on fraud (fake marriage, etc), not only USCIS can deny N-400 but also potentially nullify your GC.

Due to the fact that you got divorced right after getting LPR status (GC without condition), most likely, IO may get curious and suspicious when starts looking at you marriage history during/before the interview..Remember you will be under oath, you have to be careful with your statements....

There is no statue of limitation for immigration fraud.
 
yea, that's my concern is the timming, not the validity of the marriage. That I can prove without a shadow of a doubt, it was a real marriage.

What concerns me about the timming is that, the scenario follows what I guess would be considered fraud right? people that pay someone else till the green card period is over then they divorce etc.

So far I am getting conflicting responses, which all help by the way.

1) This is not about getting citizenship based on marriage, I now fall into the category of the 5years. If they thought the marriage was fraudulent, that was what the conditional period was for. They saw enough to convince them.

2) The original conditions of the GC were given based on marriage, now that is not longer the case, that calls into question the rest of the process.

3) the IO has the right to do anything they choose if the suspect something, which is the bottom line?


Thanks people, I am trying to be as educated as I can be on this matter, so all the feedback helps.
 
kochi said:
That I can prove without a shadow of a doubt, it was a real marriage.
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Famous last words??

People can assume they were in marriage in good faith, but what is there from some people to fake it. CIS has to investigate ... they do not have the bandwidth to check every case, but there are certain conditions which trigger the questioning, and it depends from IO to IO to some extent. Divorce after GC is one of these conditions. How does the IO know the marriage was not fraudulent? He/she might ignore it because a lot of time has passed since GC, but he/she may not.

#1. Conditional Period does not mean they have certified your marriage as healthy at the end of it.
#2. The process can be called into question at any time. However, CIS usually has 5 years from your GC to revoke it. Can they do it later - yes, but the odds are low, and the issue has to be significant enough for them to do something about it
#3. IO can ask for enough supporting documentation to make life miserable - although I suspect they do not do it to everyone, only when a case fits their investigation parameters, and even then I am sure they miss out some.
 
lol, I yeah I know what you mean.

Well, that is what I am trying to figure out- worst case scenario is that by all variables accounted, fall into the situation where the IO calls into question and they begin to investigate, and what triggers this (as in my case the divorce.) From your lists:

1) From the conditional period, we had interviews and proved at that point that is was legitimate, and through the whole process. SO the fact that they gave the GC then without any trouble etc. This may be a moot point now. But they did not suspect anything then from the evidence we provided.

2) My understaniding is they can do what they please, especially if they find just cause.

3) Again, I believe I have enough supporting evidence to support this.

But hey, I get it, its not what I think, its what they think and see.
 
Were you seperated when you obtained GC or were divorce proceedings underway when you applied to remove conditions? If so, expect to be questioned further about how you obtained GC.
At the very least, you will be expected to present your divorce certificate during naturalziation interview.
 
In a nutshell, she decided she wanted to move back home to Ohio, and that she had been unfaithful with someone that she grew up with etc. She did not want to be married any more. At that point we decided that we would just end it. This was say dec-The same month I got my GC (it just came in the mail.) - we lived together for 5months after nothing changed, filed for divorce and she moved back home.

We had been together All through college etc, got married when we graduated so all in all we were together maybe 5 to 6 years, and 3 of which we were married.
 
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