Green card to Citizenship help please

As long as the divorce was not final the day your I-751 was approved, you will be fine.

amp09 said:
Hello all,
I got married to US Citizen in 2004 got my 2 year green card in 2005 and she filed for divorce end of 2005. We started working things out and she agreed and did not follow up with the divorce and i applied for 10 year green card and my conditions were removed and got my 10 year Green Card in 2007 but then after 2 months later my divorce got finalized and we separated.

Now, my question is its already been more than 5 years..Should i go ahead and apply for Citizenship? i am afraid since she filed for divorce before my conditions were removes USCIS might reject my application and would they create any problem to my Green card
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Triple Citizen:

Thank you for the quick reply, I was just sort of scared since don't want no restriction with my Green Card. I also made an appointment with the lawyer and will keep you guys updated....


Any other thoughts on my situation will be appreciated.....
 
ok so another confusion,

I just had an appointment with the lawyer and we discovered on my finalized divorce papers it says separated Feb. 2004 now thats one month after my 2 year green card interview...

and there is section in n-400 application that states us to provide dates of marriages...OUCH...

Any thoughts....
 
amp09 said:
ok so another confusion,

I just had an appointment with the lawyer and we discovered on my finalized divorce papers it says separated Feb. 2004 now thats one month after my 2 year green card interview...

and there is section in n-400 application that states us to provide dates of marriages...OUCH...

Any thoughts....
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OUCH indeed.
Start collecting all the information that proves that you got married for all the 'right' reasons and getting the green card was not one of them.
 
santa_vik said:
you said she filed for divorce in 2005. how can you separate in 2004? you were separated already?
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I think it is a typo, probably got separated in Feb 2005. If he got married in 2004 and was already separated by Feb 2004, then the marriage should really have been annulled.
 
GungaDin,

You are right it is a typo i got married in June 2004 and on the final divorce paper the form is called "Attachment 4p to judgment" it says married date june 2004 and separation date feb. 2005.

So, i guess she filed for a divorce in Dec. 2005 but never followed up with it....and on the final divorce paper it says "The respondent was served Sept. 2006 and judgement was May 2007. i got 10 year card on March 2007.

Sorry about the confusion i created
 
amp09 said:
You are right it is a typo i got married in June 2004 and on the final divorce paper the form is called "Attachment 4p to judgment" it says married date june 2004 and separation date feb. 2005.

So, i guess she filed for a divorce in Dec. 2005 but never followed up with it....and on the final divorce paper it says "The respondent was served Sept. 2006 and judgement was May 2007. i got 10 year card on March 2007.
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Sorry I am not as positive as Triple. So you have a record of marriage failing within 8 months (separation date in a court document). Your best hope is to avoid scrutiny on this issue. Now the officer may look into this, he/she may not. However, the chances of them revoking your green card are much lower if they discover an issue 5 years after the GC was issued. This is basically due to some statute of limitations. So why don't you wait till 2012 to file citizenship?
 
sanjoseaug20 said:
Sorry I am not as positive as Triple. So you have a record of marriage failing within 8 months (separation date in a court document). Your best hope is to avoid scrutiny on this issue. Now the officer may look into this, he/she may not. However, the chances of them revoking your green card are much lower if they discover an issue 5 years after the GC was issued. This is basically due to some statute of limitations. So why don't you wait till 2012 to file citizenship?
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There is no statute of limitations on fraud. USCIS has 5 years to revoke GC if they made an error in approving it in the first place (i.e. USCIS has 5 years to fix its own mistakes. After that they're SOL)
So if the concern is that OP received the GC by fraud, his best bet is to remain a perpetual GC holder.
 
GungaDin said:
There is no statute of limitations on fraud. USCIS has 5 years to revoke GC if they made an error in approving it in the first place (i.e. USCIS has 5 years to fix its own mistakes. After that they're SOL)
So if the concern is that OP received the GC by fraud, his best bet is to remain a perpetual GC holder.
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Yes, correct there is no statute for fraud. So yes, their ability to discover the error within 5 years decreases. After that, if they want to pursue OP, it is just the level of their motivation and the level of issues with OP's case ... just filing separation documents is not enough if he can prove the subsequent good faith attempts to fix the marriage.
 
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