Hi, if someone got permanent GC through marriage and she can apply for citizenship this month (3 year based), the couple have filed divorce a couple months back and the divorce is still pending(probably will finalize in August). Can she apply for citizenship thru the 3 year marriage now? Will the immigration check her background and see the divorce case pending? thanks!
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divorce pending and citizenship
- Thread starter mzoo_127
- Start date
gopalmn1965
Registered Users (C)
Hi, if someone got permanent GC through marriage and she can apply for citizenship this month (3 year based), the couple have filed divorce a couple months back and the divorce is still pending(probably will finalize in August). Can she apply for citizenship thru the 3 year marriage now? Will the immigration check her background and see the divorce case pending? thanks!
Hi,
My recommendation would be to resove the divorce csase before filing N-400. Hope this is helpful.
Hi,
My recommendation would be to resove the divorce csase before filing N-400. Hope this is helpful.
thank you Gopalmn1965, I guess they can ask the court to dismiss the case, but if the background check showed there was a divorce case ever filed, Immigration officer would still not think they are in good faith.
I had buddy who's wife went alone for interview based on marriage.IO called the guy to check out all of her background.That would a risky situation .Consult a good lawyer and take one with you to interview.
Dckaraja: you mean the officer called her husband while she was at the interview?
JohnnyCash
Volunteer Moderator
If someone files for Naturalization based upon 3 yrs rule of being married to a US citizen for 3 yrs then USCIS ALWAYS demands tons of documents to get convinced that marriage is still happily going on. If USICS would come to know that marriage is shaky or on the verge of divorce or a divorce case is pending then there is no way in this world USCIS is going to approve a naturalization application because US immigration laws don't allow them to approve an application in these situations. Why? Because the rule/law of allowing to file an naturalization application based upon 3 yrs rule is made up for the sole benefit of US citizen and not for immigrants. So if marriage is on the verge of divorcing then an immigrant is not eligible to file N-400 under this rule; rather s/he would need to file under 5 yrs rule whenever s/he would be eligible for it.
Though USCIS don't normally check with family court to know if there is a pending case for divorce but it could be possible. Because when I was practicing laws I came to know some cases wherein USCIS ran the background checks on applicants even with family courts to find out if there was any divorce case pending or any restraining order issued by family court. So, noone can say for sure what USCIS is capable to do these days given all these background checks.
Plus, don't forget that USCIS always demands tons of evidentary documents to prove that applicant is still happily living together with US citizen spouse in the marriage. Just being legally married alone is not enough. I know some people try to dodge the USCIS by producing all these documents even though they are separated from their spouse, but by doing so they are risking their immigration life here because USCIS will revoke their citizenship and deport them whenever they would know the truth even if 100 of yrs later. If someone wants to risk their and their loved ones immigration life then they can do as they feel like doing but don't forget the fact that whenever any application is filed with USCIS, no matter for what benefit, USCIS always requires divorce decree of each person if someone was ever married before. And USCIS do check divorce record. Thus, they could easily find out in the future about when divorce was filed and when parties were separated, which would lead to revocation of their citizenship and deportation. This has happened to many people in the past.
Good luck.
Though USCIS don't normally check with family court to know if there is a pending case for divorce but it could be possible. Because when I was practicing laws I came to know some cases wherein USCIS ran the background checks on applicants even with family courts to find out if there was any divorce case pending or any restraining order issued by family court. So, noone can say for sure what USCIS is capable to do these days given all these background checks.
Plus, don't forget that USCIS always demands tons of evidentary documents to prove that applicant is still happily living together with US citizen spouse in the marriage. Just being legally married alone is not enough. I know some people try to dodge the USCIS by producing all these documents even though they are separated from their spouse, but by doing so they are risking their immigration life here because USCIS will revoke their citizenship and deport them whenever they would know the truth even if 100 of yrs later. If someone wants to risk their and their loved ones immigration life then they can do as they feel like doing but don't forget the fact that whenever any application is filed with USCIS, no matter for what benefit, USCIS always requires divorce decree of each person if someone was ever married before. And USCIS do check divorce record. Thus, they could easily find out in the future about when divorce was filed and when parties were separated, which would lead to revocation of their citizenship and deportation. This has happened to many people in the past.
Good luck.
Last edited by a moderator:
If someone files for Naturalization based upon 3 yrs rule of being married to a US citizen for 3 yrs then USCIS ALWAYS demands tons of documents to get convinced that marriage is still happily going on. If USICS would come to know that marriage is shaky or in the verge of divorce or a divorce case is pending then there is no way in this world USCIS is going to approve a naturalization application because US immigration laws don't allow them to approve an application in these situations. Why? Because the rule/law of allowing to file an naturalization application based upon 3 yrs rule is made up for the sole benefit of US citizen and not for immigrants. So if marriage is on the verge of divorcing then an immigrant is not eligible to file N-400 under this rule; rather s/he would need to file under 5 yrs rule whenever s/he would be eligible for it.
Though USCIS don't normally check with family court to know if there is a pending case for divorce but it could be possible. Because when I was practicing laws I came to know some cases wherein USCIS ran the background checks on applicants even with family courts to find out if there was any divorce case pending or any restraining order issued by family court. So, noone can say for sure what USCIS is capable to do these days given all these background checks.
Plus, don't forget that USCIS always demands tons of evidentary documents to prove that applicant is still happily living together with US citizen spouse in the marriage. Just being legally married alone is not enough. I know some people try to dodge the USCIS by producing all these documents even though they are separated from their spouse, but by doing so they are risking their immigration life here because USCIS will revoke their citizenship and deport them whenever they would know the truth even if 100 of yrs later. If someone wants to risk their and their loved ones immigration life then do as they feel like doing but don't forget the fact that whenever any application is filed with USCIS, no matter for what benefit, USCIS always requires divorce decree of each person if someone was ever married before. And USCIS do check divorce record. Thus, they could easily find out in the future about when divorce was filed and when parties were separated, which would lead to revocation of their citizenship and deportation. This has happened to many people in the past.
Good luck.
thank you JohnnyCash, the husband has already agreed to dismiss the case with the family court, the only thing is that the date to apply for citizenship is April 8th, 2007. If the divorce case is dismissed on the 6th or 7th of April, from a immigration officer point of view, does it still look suspecious? Following is the time line: marriage date was July 2001, got permanent GC July 8, 2004. Divorce filed August 2006 and (possibly dissmiss April 7th, 2007).
JohnnyCash
Volunteer Moderator
Whoever has filed the divorce case should withdraw it. Once a divorce case is withdrawn then there is nothing to worry about at all. And no, it won't look suspicious to USCIS if divorce case is withdrawn on April 7th. But don't ever tell to USCIS that marriage was once shaky or divorce was filed before or anything to this nature. They won't question but you shouldn't tell also. Also, make sure to gather documents that could prove that you and your spouse are happily living together e.g. tax returns, photos, copy of driving licence of both of you which should show the same address and other typical proofs.
Good luck.
Good luck.
Last edited by a moderator:
Dckaraja: you mean the officer called her husband while she was at the interview?
Yes.He asked her how come she didnt show up with her husband or kids.He was at work and she came alone with her parents.He called him while she was in the room.USCIS are not easy on folks who apply on marriage based .Either dimiss your case or do 5 yrs.I worked at airport for many years for international airlines and close with INS .They have access to information that would suprise you.Incuding traffic tickets and voilations and criminal records,credit history at plams of thier hands.
Mr. JohnnyCash
Mr. JohnnyCash
What if someone after he got his citizenship through marriage, found out that his wife was cheating on him, and she is messing with someone else and she is pregnant with that man babe…. Can he file for divorce right away? He is scare that the USCIS will go after him. What is your advice? she have sent him a letter saying that she have met someone else and she wants divorce, and she is pregnant......
Thank you
If someone files for Naturalization based upon 3 yrs rule of being married to a US citizen for 3 yrs then USCIS ALWAYS demands tons of documents to get convinced that marriage is still happily going on. If USICS would come to know that marriage is shaky or on the verge of divorce or a divorce case is pending then there is no way in this world USCIS is going to approve a naturalization application because US immigration laws don't allow them to approve an application in these situations. Why? Because the rule/law of allowing to file an naturalization application based upon 3 yrs rule is made up for the sole benefit of US citizen and not for immigrants. So if marriage is on the verge of divorcing then an immigrant is not eligible to file N-400 under this rule; rather s/he would need to file under 5 yrs rule whenever s/he would be eligible for it.
Though USCIS don't normally check with family court to know if there is a pending case for divorce but it could be possible. Because when I was practicing laws I came to know some cases wherein USCIS ran the background checks on applicants even with family courts to find out if there was any divorce case pending or any restraining order issued by family court. So, noone can say for sure what USCIS is capable to do these days given all these background checks.
Plus, don't forget that USCIS always demands tons of evidentary documents to prove that applicant is still happily living together with US citizen spouse in the marriage. Just being legally married alone is not enough. I know some people try to dodge the USCIS by producing all these documents even though they are separated from their spouse, but by doing so they are risking their immigration life here because USCIS will revoke their citizenship and deport them whenever they would know the truth even if 100 of yrs later. If someone wants to risk their and their loved ones immigration life then they can do as they feel like doing but don't forget the fact that whenever any application is filed with USCIS, no matter for what benefit, USCIS always requires divorce decree of each person if someone was ever married before. And USCIS do check divorce record. Thus, they could easily find out in the future about when divorce was filed and when parties were separated, which would lead to revocation of their citizenship and deportation. This has happened to many people in the past.
Good luck.
Mr. JohnnyCash
What if someone after he got his citizenship through marriage, found out that his wife was cheating on him, and she is messing with someone else and she is pregnant with that man babe…. Can he file for divorce right away? He is scare that the USCIS will go after him. What is your advice? she have sent him a letter saying that she have met someone else and she wants divorce, and she is pregnant......
Thank you
Last edited by a moderator:
JohnnyCash
Volunteer Moderator
Mr. JohnnyCash
What if someone after he got his citizenship through marriage, found out that his wife was cheating on him, and she is messing with someone else and she is pregnant with that man babe….
Even if this is true what you are saying here, it's kinda VERY hard for anyone to believe that all this happened MIRACLEOUSLY shortly after becoming a US citizen. The person can try to give all the explaination on this, but I personally don't buy it because I strongly believe that person must have known what his wife was doing while he appeared for citizenship interview.
Nevertheless, breaking of relationship (separation or divorce) shortly after obtaining a US citizenship doesn't matter at all; rather it matters only in the context of green card.
Even if this is true what you are saying here, it's kinda VERY hard for anyone to believe that all this happened MIRACLEOUSLY shortly after becoming a US citizen. The person can try to give all the explaination on this, but I personally don't buy it because I strongly believe that person must have known what his wife was doing while he appeared for citizenship interview.
Nevertheless, breaking of relationship (separation or divorce) shortly after obtaining a US citizenship doesn't matter at all; rather it matters only in the context of green card.
Hello Johnny,
I am USC, I married someone back in 2001, over love and respect. He is hard working man, he work 2 jobs to support us (where my company forced me to take leave from work for 7 months), and he goes to school in the mean time to finish his degree. After the 7 months is over I went back to work, but in mid of 05 my company transferred me from CA to TX to work there, my husband stayed behind to finish his studies and work, when he filed his N-400 I was working in the TX, he comes to see me in the weekend or when ever he can, and I go there to see him and my dog. He got his interview on Dec 18, 05 and they told him his name check still pending, somewhere in Jun 06 he filed 1447b, and got his oath for March 07. Dearing the time where I was in TX I met someone else, and I got pregnant by him. I know what I did is wrong but I am NOT here to for personal opinion I am here for a legal advice. My question to you can I divorce him now. Would he face any problems with USCIS? He is good man and I don't want him to face any problems with anyone because of my mistake or someone else’s mistake. But again I made wrong choice and I have to pay for it.
If that is ok with you, please give me straight advice,
I truly appreciate your advice
JohnnyCash
Volunteer Moderator
Hello Johnny,
I am USC, I married someone back in 2001... My question to you can I divorce him now. Would he face any problems with USCIS? He is good man and I don't want him to face any problems with anyone because of my mistake or someone else’s mistake. But again I made wrong choice and I have to pay for it.
If that is ok with you, please give me straight advice,
I truly appreciate your advice
In order to get right opinion it's very imperative that people should give at least basic and clear information. You didn't mention in your first posting that you are a US citizen. Thereby I was under the impression that you are an immigrant who has a pending application for naturalization. And when you mentioned about having being pregnant with another man while still married to your husband, I gave you an opinion on this situation as a legal point of view as to how USCIS takes adultery at the time of naturalization.
It doesn't matter to me what you do and what you have done in your life. I tried my best based upon given situation. But now since you have cleared that you are a US citizen and it was your husband who was an immigrant then you guys can divorce at anytime. Why? Because-[1] People can divorce right away after being naturalized. The issue of getting divoce so soon comes into play only when obtaining of green card is determined, and not after being naturalized. [2] Your husband has already become a US citizen because you say that his Oath was in March of this year. Thus, you guys can divorce each other. Nothing would happen to his immigration status.
Good luck...
In order to get right opinion it's very imperative that people should give at least basic and clear information. You didn't mention in your first posting that you are a US citizen. Thereby I was under the impression that you are an immigrant who has a pending application for naturalization. And when you mentioned about having being pregnant with another man while still married to your husband, I gave you an opinion on this situation as a legal point of view as to how USCIS takes adultery at the time of naturalization.
It doesn't matter to me what you do and what you have done in your life. I tried my best based upon given situation. But now since you have cleared that you are a US citizen and it was your husband who was an immigrant then you guys can divorce at anytime. Why? Because-[1] People can divorce right away after being naturalized. The issue of getting divoce so soon comes into play only when obtaining of green card is determined, and not after being naturalized. [2] Your husband has already become a US citizen because you say that his Oath was in March of this year. Thus, you guys can divorce each other. Nothing would happen to his immigration status.
Good luck...
Hello Johnny,
I thank you for your time, advice and opinion ... My last question would it make any different if he start the divorce or me, I have NO money for to star anything, though I am going through tough time here. In the top of that after I told him everything he wants out ASAP.
Again thank you your time
JohnnyCash
Volunteer Moderator
Hello Johnny,
I thank you for your time, advice and opinion ... My last question would it make any different if he start the divorce or me, I have NO money for to star anything, though I am going through tough time here. In the top of that after I told him everything he wants out ASAP.
Again thank you your time
No, it doesn't make any difference who would file for divorce. However, it's my suggestion that you guys should file a joint petition for the divorce especially when he wants to be out ASAP. This way not only divorce would be quick but also you guys would save a lot of other proceedings.
Further, filing a joint petition doesn't mean that you have to pay half of the expenses for this divorce case; rather it's about both of you wanting to be out of the marriage. I don't know which state you guys would file for divorce. But if he is going to file it in CA then it's required over there that parties should be separated for 6 months prior to getting divorce. And if you guys get divorce on this ground with the mutual agreement of both of you, then he MIGHT get trouble in the future from immigration point of view. Why? Because on the divorce paper both of you would agree on being separated for 6 months but then on the other hand he got his citizenship just in March based upon 3 yrs rule being married to a US citizen. But if he had filed his citizenship application under 5 yrs rule then he wouldn't need to worry about anything. Try to explore other grounds to get a divorce. Getting a divorce in Las Vegas is also an excellant option if both of you want to be out ASAP.
Good luck...