divorce

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ff1972

Registered Users (C)
Did anybody hear of a citizenship (5 year based) that was denied because of divorce soon after gc (10 year permanent)?
 
Yes there have been several N-400 cases with Divorce (more approved and 'may' be few denied). But you need to provide more details and ask specific questions so that forum members could help (if that is what you are looking for).

Welcome and good luck.
 
How divorce could be related to naturalization if N-400 is not marriage based?

Good moral character does not have requirement to be married once a lifetime. This is a personal life.
 
z350 said:
How divorce could be related to naturalization if N-400 is not marriage based?

Good moral character does not have requirement to be married once a lifetime. This is a personal life.
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No, but submitting an N-400 triggers a re-evaluation of the basis for your GC, so divorce soon after obtaining non-conditional GC may look like fraud to a suspicious IO.
 
Suppose a case that GC was acquired through marriage. There were doubts about marriage but proven then that its not a sham marriage and permanent GC was given. But less than a year after GC it ended in divorce. I think that there is no basis for denial if everything else is in order. There's no time range before divorce that would make a marriage real or not and can affect naturalization if all info in the GC application were correct and truthful
 
ff1972 said:
Suppose a case that GC was acquired through marriage. There were doubts about marriage but proven then that its not a sham marriage and permanent GC was given. But less than a year after GC it ended in divorce. I think that there is no basis for denial if everything else is in order. There's no time range before divorce that would make a marriage real or not and can affect naturalization if all info in the GC application were correct and truthful
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So you mean there were doubts about the marriage during the Interview Process and then the conditional GC was converted into a permanent one.

As boatbod mentioned, there is going to be re-evluation of that case during the N-400 interview process, but there are more chances of its approval as the GC is not conditional (rather permanent) and its been more than 5 years. But the onus is going to be on the applicant to again prove that marriage was a bonafide one during the Citizenship interview process. The candiate should start collecting as much evidence as possible (pictures, joint mortgage, bank statments, kids, credit card bills).

Others on the forum can add their assesment and experience
 
Your case could have serious issues. This is a post by JohnyCash who is a real lawyer and post on the board.

http://boards.immigrationportal.com/showthread.php?t=244173
"
You need to be very careful when you apply for naturalization because USCIS might revoke your Permanent Residency and would place you on a deportation proceeding as a result of breaking of your marriage within a few months of obtaining full GC. I was an aggressive Immigration attorney and know so many cases wherein USCIS has done this. At the time of naturalization, applicants WHOLE IMMIGRATION JOURNEY is scrutnized. You might say that you were genuinely married to your spouse for 3 or more years but whenever a marriage breaks down within a few months of obtaining GC then it's an automatic presumption of USCIS that there might be a possible immigration fraud.

When I said earlier that applicants are also required to be happily married until oath is taken for naturalization purpose then I was meant that USCIS shouldn't know that marriage is getting rocky/shaky or on the verge of breaking it up; otherwise they would definately deny the application under that ground. Just being legally married alone is not enough, unless USCIS won't know about the shaky marriage. The ground of allowing applicants to file N-400 after being a GC for 3 yrs if they are still married and living to a US citizen is ONLY for the benefit of US citizen. So if an applicant is not legally married or not living happily with a US citizen then such applicant cannot file N-400 under this ground. Period.

In your case, even waiting for many years for Naturalization won't keep you out of the hook because the fact would still remain the same that your marriage fell apart shortly after obtaining GC. Thus, it's VERY important for you to collect as many documentary evidences as possible about the bonafide of your marriage."
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We're also waiting for people to provide more personal experiences. We have had a few questions like yours lately, but not many people sharing their experience with such cases. I don't have personal experience. My wild guess is that if you prepare yourself well for the interview you shouldn't have an issue, but a lot depends on the interviewing officer. On the other hand if I were an immigration officer I would probably be automatically suspicious about cases in which someone has divorced soon after obtaining a permanent GC. On the same token I would be suspicious about people switching jobs right away after getting a green card, or even before. However, most people successfully naturalize under that scenario. This is of course not legal advice.

My 2 cents.
 
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