Divorced before GC...status was adjusted....citizenship is in jeopardy???

B

baltika12

Registered Users (C)
hello dear members,
this following situation is of extreme inportance for me - ANY feedback would be highly appreciated:

i applied for GC based on the marriage to a GC holder (hers was employment based and I was on her I-485 application as a spouse). the I-485 process took us over 4 years because of 9/11.
at some point along the lines my spouse filed for divorce which was completed 6 months later (California). It just happened so that she received her GC appointments and the stamp in the passport before our divorce became final. My case got delayed by about a month (FBI check) but was still adjusted and I got my GC 3 weeks after the actual divorce. In another words I was not married to the person who sponsored my CG application by the time I got the GC.
It has been 5 y now and is time for me to apply for the citizenship. It will be clear from the application that my divorce came first and the marriage based GC second 3 weeks apart.
What would you do? What do you think USC will do?
Thank you for you comments.
 
baltika12 said:
hello dear members,
this following situation is of extreme inportance for me - ANY feedback would be highly appreciated:

i applied for GC based on the marriage to a GC holder (hers was employment based and I was on her I-485 application as a spouse). the I-485 process took us over 4 years because of 9/11.
at some point along the lines my spouse filed for divorce which was completed 6 months later (California). It just happened so that she received her GC appointments and the stamp in the passport before our divorce became final. My case got delayed by about a month (FBI check) but was still adjusted and I got my GC 3 weeks after the actual divorce. In another words I was not married to the person who sponsored my CG application by the time I got the GC.
It has been 5 y now and is time for me to apply for the citizenship. It will be clear from the application that my divorce came first and the marriage based GC second 3 weeks apart.
What would you do? What do you think USC will do?
Thank you for you comments.
Click to expand...



I like the philosophical nature of your question... "what do you think a USC will do? Why is that important what a USC person would do? First and last, he/she wouldn't do a thing because they don't need an immigration benefits such as citizenship, they were granted one the minute that sperm hit the egg and were born in any of the 50 states...:eek:

You have a humdinger of a case, because your GC was procured illegally. You were divorced at the time of its issuance, so the memo from USCIS requires that people update their status (during the processing) if the change is likely going to impact the benefits sought. For example, if your wife died suddently during the processing, and you received the GC 2 months after she died, you are on the hook for fraud. 2 month is a reasonable time for USCIS to have received your communication and made a determination on your case. If I were in your shoes, I would not apply for N400 for years to come and wait till this issue is a distant memory for USCIS to want to put a hot chill in my eye balls...:) Instead of worrying about a citizenship process, I would worry greatly about my GC and how someone might come in the middle of the night to yank it with an electric drill...lol!!!
 
Have you ever heard of Bernie Madoff? He is American and boy he did an evil thing to people... So, being a USC isn't akin to being correct and right all the time. We all know what Cheney did, but he's still considered a relevant figure, wait for his heart to find who he really is...:eek:
 
baltika12 said:
Does any one think i should go ahead with I-400?
Click to expand...

You need to find a good, competent and experienced immigration Lawyer. This sounds tricky, but given the GC came only 3 weeks after the divorce it **might** be a discretionary call by USCIS.

Having said that though, it could be said you should have notified USCIS when lodging the divorce papers. That might have then been 10 weeks before the actual divorce. More than time enough to alert them.

It's a tough one to call. I certainly would not be acting on the advice of anyone on a user forum like this. Well, :) other than my advice to get a good Lawyer. :D

If you lodge the N-400 there may be no stopping that freight train. Although you can file another form to withdraw it at any time. If they take back the GC that means deportation and at least a 10 year wait before returning.

Say after me, "I need to get a good Lawyer." :) Good luck and keep the group informed so others that come along who may be in a similar position, can learn and maybe get the right help. This IS a great group and the more factual information it can gather the better it can function.
 
thank you Brian. I will most definitely hire the lawyer to handle my case. What I am looking for is as much info as possible. Thanks again.
 
If USCIS wants to ensure GC applicants are still eligible at the time GC is granted, they will install an "oath ceremony" too for green card issurance. The GC oath letter can ask if primary applicants are still working or married etc
since last information collection time.
 
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Need clarification...

baltika12 said:
hello dear members,
this following situation is of extreme inportance for me - ANY feedback would be highly appreciated:

i applied for GC based on the marriage to a GC holder (hers was employment based and I was on her I-485 application as a spouse). the I-485 process took us over 4 years because of 9/11.
at some point along the lines my spouse filed for divorce which was completed 6 months later (California). It just happened so that she received her GC appointments and the stamp in the passport before our divorce became final. My case got delayed by about a month (FBI check) but was still adjusted and I got my GC 3 weeks after the actual divorce. In another words I was not married to the person who sponsored my CG application by the time I got the GC.
It has been 5 y now and is time for me to apply for the citizenship. It will be clear from the application that my divorce came first and the marriage based GC second 3 weeks apart.
What would you do? What do you think USC will do?
Thank you for you comments.
Click to expand...

You said you got you GC 3 weeks after your divorce. It was my experience that when I recieved my GC, the date on the card stated my adjustment of status was completed on the date of my interview, which was 2 months earlier. I'm not certain this is the case for all applicants and I know your application process was different from mine (USC spouse).

Was your official divorce final before the date listed on your GC or just the date you received it?
 
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