Help!! Should I attend naturalization interview?

A

AS1003

New Member
I have my naturalization interview on 4/16/07. I got married in 2001. Got CR in 2002. I am applying based on the 5 year rule. I had a child that was not my husband's in 2003. She carries my ex-boyfriend's last name. My husband and I resolved this issue and remained together. We didn't list her on the I-751 since we interpreted your children as our children. I received PR in Jan 2005. My husband and I have been separated since 2004 (not legal separation) but we aren't divorced.

My question is since I am applying under the 5 year rule, would this issue with my daughter pose a problem ?


Your responses will be greatly appreciated since I'm wondering whether or not to withdraw my application and never apply for naturalization.

Thanks In Advance.
 
Nobody ever admits of being involved in a marriage fraud even though they know they are; rather they all furiously deny it with all kinds of lame justification. Based upon your given situations/facts (nothing personal) it seems to ME that you were involved in a marriage fraud for immigration purpose. I mean you have a baby with another man while you were still married with your husband. Also, you got separated from your husband a way before the condition on your green card got removed on the basis of jointly filed petition I-751.

Nevertheless, I don't see any problem here unless interviewing officer would see the same as I have. If so, then it would entirely depend upon the officer how s/he would handle your case. Meaning-officer could suspect a marriage fraud on your part in order to get US Residency (Green card), or about you having a bad character. If officer would suspect a marriage fraud, then it would be a big mess for you which could lead to the revocation of your green card and then deportation unless you can prove that there wasn't a marriage fraud on your part with clear and conviencing evidences than your words alone. And if officer would see you as a person of bad character because of being involved in adulty while you were still married to your husband then officer might deny your N-400 under bad moral character. I've personally seen many applicants having been denied their N-400because of this reason alone. However, this is not that bad because if your N-400 gets denied due to this reason then you will be able to refile N-400 after 5 yrs later from the date of denial.

I assume your baby is a US citizen if baby is born in the US. USCIS may demand the proof of US citizenship of the person whom you have this baby with if baby is born outside the US.

Good luck.
 
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At the time of your naturalization interview, you ENTIRE immigration file is available to the officer. Based on the dates you have specified, the KEY questions are:

1. Were you seperated at the time of filing of I-751 or got seperated while the decision was pending on I-751

2. Why did you fail to mention your child from :eek: on your application?

http://www.immigration-lawyer-us.com/images/I-751-Removal.pdf

On the N400 application, you once again did not disclose about your child.

At the interview under oath the officer will go through your application and if you answer "NO" to the question about your children, you have "lied under oath" . If you correct the application at the time of the interview, then the officer will find out that you did not mention this in I-751 AND you committed "adultry" which is grounds for lack of good moral character within 5Yrs.

In my opinion, you should seek legal help BEFORE the interview. Good luck!
 
Thanks for your quick response.
In reference to proving that my marriage wasn't fradulent what "clear and convincing evidence" can I provide to USCIS. My husband and I still have a joint checking account, joint utility bills, he is still covered by my health insurance and still listed on the rent receipts for the apartment in which we lived together. Also we filed joint taxes for three years (2001,2002,2003) . In addition in Feb of 2002 my husband and I had a miscarrige( yes it was his baby) .We had submitted the release form from the hospital which had his signature as evidence with the I-751.
 
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Dear P4Spooky,
We were not separated at the time of filing the I-751. I have documentation to prove this ( taxes, lease , etc)
Also, we didn't mention her on the I-751 because since it was a joint application we thought that where it said to list your child ment our children and she wasn't our's, we didn't list her.
 
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Thanks for that link P4Spooky. We separated in the summer of 2004 but I didn't know that I had to report this to USCIS. More problems!
 
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