Marital history - negative affect on N-400?

[princesskate]

*Hi, I'm new here but I've been kinda active on the family based green card forum
*Sorry, this is gonna be a bit long* =)

My friend is planning to apply for N-400 but she is worried if her marital history would draw any attention by USCIS.

She met her 1st husband (USC) like six/seven years ago, a year later they got married and her husband filed a GC for her. However their marriage stayed for only like a little more than two years. She had serious problems with her ex-mother-in-law, and she has a more successful career than her ex-husband which caused problems in their marriage, they divorced a couple of months after her conditional GC removed.

She married for the 2nd time in the same year as her 1st marriage ended. Her current husband (PR for like 3-4 years, sponsored by his USC mom) has been a friend of her since they were little (in fact their parents are long time friends), they came to U.S. to study together by F-1 visa & shared an apartment for the first few years.

Now they have a lovely daughter who was born in U.S. (she didn’t have any children with her ex-husband).

*The funny part is, her current mother-in-law was also the joint-sponsor when her ex-husband filed GC for her – what a coincidence*

Personally I don’t see there is anything wrong with this, however she’s now getting worried after putting all the pictures together – she said people might think she married her ex-husband solely for GC…????????

I wonder if she is thinking too much??? Or this is something that she really needs to be worried?

 

[Suzy977]

*Hi, I'm new here but I've been kinda active on the family based green card forum
*Sorry, this is gonna be a bit long* =)

My friend is planning to apply for N-400 but she is worried if her marital history would draw any attention by USCIS.

She met her 1st husband (USC) like six/seven years ago, a year later they got married and her husband filed a GC for her. However their marriage stayed for only like a little more than two years. She had serious problems with her ex-mother-in-law, and she has a more successful career than her ex-husband which caused problems in their marriage, they divorced a couple of months after her conditional GC removed.

She married for the 2nd time in the same year as her 1st marriage ended. Her current husband (PR for like 3-4 years, sponsored by his USC mom) has been a friend of her since they were little (in fact their parents are long time friends), they came to U.S. to study together by F-1 visa & shared an apartment for the first few years.

Now they have a lovely daughter who was born in U.S. (she didn’t have any children with her ex-husband).

*The funny part is, her current mother-in-law was also the joint-sponsor when her ex-husband filed GC for her – what a coincidence*

Personally I don’t see there is anything wrong with this, however she’s now getting worried after putting all the pictures together – she said people might think she married her ex-husband solely for GC…????????

I wonder if she is thinking too much??? Or this is something that she really needs to be worried?

Since she got divorced after the conditional GC was removed I don't see any problem here.
I think, she's worrying to much.

And, by the way, welcome here, to the Citizenship forum

 

[princesskate]

Thanks Suzy

 

[ocworker]

Since she got divorced after the conditional GC was removed I don't see any problem here.

why would you say if she got divorced after the conditional GC was removed, and it would not be an issue?

 

[Suzy977]

why would you say if she got divorced after the conditional GC was removed, and it would not be an issue?

Because this is the difference between conditional GC and "normal" GC. After the condition is removed she's a Permanent Resident free to manage her life (marital status) any way she wants.

Of course there may be an overzealous IO who may want to make an issue of it, but legally she's out of the woods.

 

[ocworker]

Because this is the difference between conditional GC and "normal" GC. After the condition is removed she's a Permanent Resident free to manage her life (marital status) any way she wants.

Of course there may be an overzealous IO who may want to make an issue of it, but legally she's out of the woods.

but would USCIS try to make a big deal and question if her marriage was a fraud trying to get the gc?

 

[Suzy977]

but would USCIS try to make a big deal and question if her marriage was a fraud trying to get the gc?

Of course like I've said, there may be an overzealous IO who may want to make an issue of it, but legally she's out of the woods.

This is why the conditional GC is for 2 years. If CIS considered that the "probation" period should be 3 or 5 years, they could very easily extend the conditional GC for 3 or 5 years.

Is true that it doesn't look very good this divorce shortly after the 2 years period , but the law is the law, and unless they can prove fraud, is nothing to do about it.

I wouldn't be surprised if the ex is an USC friend of the actual husband (a GC holder) and he just brought this guy's girlfriend from their old country.
But these are just speculations.

Kate, don't worry we're just talking here, like I said, I believe your friend is OK but she should be prepared for some questioning at the interview

 

[brb2]

Using that logic, the day one got a GC through employment they could change their jobs and get away unless their employer complained to USCIS?

Of course like I've said, there may be an overzealous IO who may want to make an issue of it, but legally she's out of the woods.

This is why the conditional GC is for 2 years. If CIS considered that the "probation" period should be 3 or 5 years, they could very easily extend the conditional GC for 3 or 5 years.

Is true that it doesn't look very good this divorce shortly after the 2 years period , but the law is the law, and unless they can prove fraud, is nothing to do about it.

I wouldn't be surprised if the ex is an USC friend of the actual husband (a GC holder) and he just brought this guy's girlfriend from their old country.
But these are just speculations.

Kate, don't worry we're just talking here, like I said, I believe your friend is OK but she should be prepared for some questioning at the interview

 

[Suzy977]

Using that logic, the day one got a GC through employment they could change their jobs and get away unless their employer complained to USCIS?

The GC through employment doesn't have a "probation" period like marriage GC. Leaving the employer the day when you get the GC is not the same thing with divorcing 2 years after you got the GC

The 2 years temporary GC is, after all, TWO YEARS So, when the LPR switches from "temporary" to "regular" GC s/he fulfilled the CIS requirement to be granted Unconditional Permanent (not temporary) Legal Status.

Like I've said before, if CIS considered that 2 years is not enough it could be easily 3-4-5 years, Temporary GC.

 

[ocworker]

The GC through employment doesn't have a "probation" period like marriage GC. Leaving the employer the day when you get the GC is not the same thing with divorcing 2 years after you got the GC

The 2 years temporary GC is, after all, TWO YEARS So, when the LPR switches from "temporary" to "regular" GC s/he fulfilled the CIS requirement to be granted Unconditional Permanent (not temporary) Legal Status.

Like I've said before, if CIS considered that 2 years is not enough it could be easily 3-4-5 years, Temporary GC.

the GC through employment does not have a probation period. however, if you leave the employer the day when you get the GC, and it will raise a big red flag about the employment could be a faurd for trying to get the immigrant status only.

however, if the person get a gc, and got layoff the day after he got the gc, it is a different story.

the bottom line is, the person needs to show he has a good faith and intention to work in the sponsoring company even after he got his GC. there has lot of posts discussed the issues related with the person left the sponsoring company right after he got his gc.

i am not sure why you keep saying the 2 yrs condition gc vs regular gc.

it is the matter of the "intention". even thought if the person got the regular gc thru the marriage, and divorced later, if the intention was a marriage fraud, even the person got the regular gc, he/she would still face a serious problem(s).

 

[Suzy977]

i am not sure why you keep saying the 2 yrs condition gc vs regular gc.

it is the matter of the "intention". even thought if the person got the regular gc thru the marriage, and divorced later, if the intention was a marriage fraud, even the person got the regular gc, he/she would still face a serious problem(s).

OK, if a divorce (for whatever reason) happens, when is a "good time" to file for it? One year after the conditional GC removal or after the citizenship? (which basically is 1 year after the conditional GC removal plus the processing time)
Of course the "intention" is that matter, and I've clearly said that, IT DOESN'T LOOK GOOD AND IT MAY RAISE QUESTION AT THE INTERVIEW, but without proof of fraud is just like that, a marriage which didn't work out and the applicant fulfilled the minimum requirement to stay married through the conditional period.

You said about GC through employment:

however, if the person get a gc, and got layoff the day after he got the gc, it is a different story.

What if, for example, the spouse (USC) after the conditional GC says "I don't want you anymore let's divorce", is this different from the above example?

 

[brb2]

I guess in that case one could consider that the employment GC is "conditional" for 6 months and "regular" after that. Generally if some one changes job after 6 months of getting GC, it could be interpreted that the person had an "intenion' of "permanently" working with the same employer.

Well 2 years is a long period for conditional GC status if things don't work out

The GC through employment doesn't have a "probation" period like marriage GC. Leaving the employer the day when you get the GC is not the same thing with divorcing 2 years after you got the GC

The 2 years temporary GC is, after all, TWO YEARS So, when the LPR switches from "temporary" to "regular" GC s/he fulfilled the CIS requirement to be granted Unconditional Permanent (not temporary) Legal Status.

Like I've said before, if CIS considered that 2 years is not enough it could be easily 3-4-5 years, Temporary GC.