marriage/greencard thru recently naturalized us citizen

[Jackolantern]

Thank you for your inputs, but I don't get why are you assuming that we were living together towards the end of her marriage, following up with FBI and revoking the citizenship?

I used the word "if". Had I assumed, I wouldn't have used "if".

I don't get why are you having this gloomy and abrogating tone, we are not trying to do wrong, just trying to live happily and according to the rules.

Bear in mind that marriage-based cases have a high rate of fraud, and the IO's are trained to look for clues and patterns that indicate fraud. An unfortunate result of that is that many people with genuine marriages run into trouble, either having to do the Stokes interview or getting denied.

Your problem is that in your situation they don't even have to look for subtle clues, because there are two glaring red flags:

1. The classic chain-marriage fraud case starts off where two noncitizens have a relationship and want to live permanently in the US. So one of them marries a USC or LPR to get a green card (and maybe citizenship), with a plan to get divorced and then file for the person they had a prior relationship with. The original sponsoring USC or LPR may or may not be aware of the plan. This is so common that Congress implemented the 5-year waiting period, which you saw in the instructions (the idea being that most couples would not tolerate the 5 year wait to get back together).

Fortunately, on this issue you have a mitigating factor in that you don't come from the same country, and presumably you first arrived in the US after she got her GC, so it's unlikely USCIS would think you knew each other before she got her GC. Although it still raises the red flag because of resembling the classic fraud case.

2. She filed for divorce so soon after obtaining citizenship through the 3-year rule. That indicates the marriage was already in serious trouble when she was in the citizenship process, which likely would have resulted in denial of citizenship if USCIS knew the facts. If she marries you this year, in the suspicious eye of a USCIS interviewer it would also create the appearance that she was already involved with you during the citizenship process, whether or not that was actually true.

They can't revoke her citizenship on suspicion. They would need "clear and convincing" evidence, and it probably isn't worth it for them to use FBI investigators to dig up that evidence; normally they reserve that expense and effort for former Nazis and serious criminals. But they can deny your green card based on those suspicions.

So if I were you, I would delay both the marriage and green card filing as long as possible. Graduate, get the OPT, get H1B if possible, then marry and file for the GC in 2015 or something like that.

 

[savio28]

So if I were you, I would delay both the marriage and green card filing as long as possible. Graduate, get the OPT, get H1B if possible, then marry and file for the GC in 2015 or something like that.

File in 2015! What a genious advice! Maybe to be safer its better to file in 2030 or 2035.

 

[Al Southner]

File in 2015! What a genious advice! Maybe to be safer its better to file in 2030 or 2035.

Where are you going to file in 2035? We won't be in the US, even the US would have moved to the moon!!! I get the sense that you want to file as soon as you are happily married, go ahead and do it. I can certainly assure you that you are going to have huge problems with your case, USCIS is known to eat people alive on cases resembling yours. You should re-read the post by Jack, and pull your head of the sand, these issues aren't going to be glossed over by USCIS. If USCIS have a suspicion that through fraud, she obtained her citizenship, she is doomed. Guess what? You are also doomed too, which means other opportunities to remain in the US for you are also done, possible ban in the US too for life. Will USCIS expend the cost to investigate her, who says they can't? You could find a newly hired investigator aiming to prove himself to USCIS Fraud Detection Unit, and he might expend all his energy in tearing your wife down.

You didn't like my sarcasm, fine by me. What is not sarcasm is that you and your future wife should consult with a lawyer who will charge the money, explain to your the pros and cons of your intention. Waiting 2-3 years, while you have a legal status in the US is much better than being held in a deportation cell with 300 men for "suspicions of immigration fraud".

 

[savio28]

Except for trying hard to intimidate me away, you guys are not citing any concrete proof. 'Who cannot apply I-130 instruction" 5-year wait period talks only about LPR having to wait, not a USC. The only example listed is that a USC cannot sponsor biological parent if became USC thru adoption.

Now, I won't appreciate another series of attacks (e.g. USCIS will eat u alive) or sarcasm (e.g. go ahead do it and they will revoke everything even yours country's citizenship), but a clear evidence that proves otherwise.

 

[gcmarch2010]

Savio, I don't think that anyone is trying to intimidate you. Just that a lot of like you who have been legit couples have gone through harrowing experiences with USCIS and AOS interviews and have shared it with this forum.

You can apply for I-130. Your eligibility is not the problem. The problem is that the onus is on you to prove to the USCIS officers that the red flags that Jackolantern mentioned do not apply to you. If you go to some other forums like immihelp or google articles on immigration, you will see that many couples who are legit have had really bad experiences at their interview because the USCIS suspected chain marriage fraud.
Jackolantern's suggestion of marrying a few years later was only so that you would not have the burden of proving that you guys are legit. Not to intimidate you, but i am sure you know that this is sort of a one shot thing so if they do deny you, you have to go back home. To that end, this forum has pointed out the risks, it's ultimately your decision since nobody knows enough about your relationship except you.
Maybe it would be worth your while to have a one time phone consult with an attorney and get his/her opinion?

 

[Al Southner]

Except for trying hard to intimidate me away, you guys are not citing any concrete proof. 'Who cannot apply I-130 instruction" 5-year wait period talks only about LPR having to wait, not a USC. The only example listed is that a USC cannot sponsor biological parent if became USC thru adoption.

Now, I won't appreciate another series of attacks (e.g. USCIS will eat u alive) or sarcasm (e.g. go ahead do it and they will revoke everything even yours country's citizenship), but a clear evidence that proves otherwise.

You don't need any evidence. As I said, you should proceed with what will give you a sense of peace. This discussion board functions on people's experiences and what we have read, the totality of our experiences is to warn you of the problems which you will be facing as soon as you file. You wife citizenship could be revoked because she divorced her husband as soon as she got her citizenship. You can only obtain citizenship through marriage to US citizen if you have are the time of adjudication and when you take oath are currently living with her/him, NOT separated. The issue of immediately divorcing your spouse as soon you obtain your citizen is going to be a bone of contention. The last time I checked, this country didn't have drive-thru divorce court system.

 

[savio28]

You can apply for I-130. Your eligibility is not the problem.

Yes this is actually an answer (wrong or right) to the question that I was asking. Is our case eligible or not.

Some people answered NO because of the 5 year rule. Then, the thing is that it appears that this rule does not apply to USC only LPR. I also consulted a lawyer today and at first he said no and then after doing some research changed his mind. Interesting. Just wanted to clear this out.

 

[Jackolantern]

Technically you are eligible, as the 5 year restriction apparently doesn't apply to citizens.

Whether you will be able to get past the USCIS minefield that your situation will create is another matter.

I'll be interested in how she's going to explain to the interviewer the short gap between obtaining marriage-based citizenship and the divorce.

 

[savio28]

the USCIS minefield... I'll be interested in how she's going to explain to the interviewer the short gap between obtaining marriage-based citizenship and the divorce.

As usual, you are interested to see the negatives, and you are probably wrong as you were originally by saying that the case is not even eligible. How many people on this forum you get to discourage? Does doing so give you a satisfaction?

 

[Al Southner]

As usual, you are interested to see the negatives, and you are probably wrong as you were originally by saying that the case is not even eligible. How many people on this forum you get to discourage? Does doing so give you a satisfaction?

Savio,

Just send in your application, you can let us know what happens. Our experiences is that your case is going to be difficult, but you clearly disagree and you have that option. Jack gains no satisfaction from discouraging people, I believe he doesn't intend to kill their hopes, but attempts to give people the cold hard facts, whether they are positive or negative. At the end of the day, your are the one who is going to be on the hook. I do know that if my wife divorced me a few weeks or a month after getting her citizenship, she has another thing coming at her, called USCIS Fraud division. I would make it my year's objective to get her destroyed.

 

[gcmarch2010]

How many people on this forum you get to discourage? Does doing so give you a satisfaction?

Let's try not to get nasty. The whole point of this forum is to make sure everyone has a decent shot at getting their GC and knows what is needed and more importantly the risks.
You asked for the forum's help about your case. We provided you with our opinions. Sometimes, our opinions are not what you want to hear. In this case you want to file and the forum has said you are eligible but has also made you aware of the pitfalls based on experiences we have either gone through personally or read on this forum. If you don't agree with our opinion, that's totally fine. You consulted with an attorney so I'm sure you have enough facts to determine what you want to do. Good luck and we hope everything works out for you.

 

[savio28]

Let's try not to get nasty.

I agree. Let those who want to help to do so. Lets also disapprove those having the suspicious and dour tone without getting the facts straight. Just read the previous posts and you will easily infer how some people get the freedom to drive certain conclusions and accusations.
Maybe you disagree but immigration issues are serious matters and is not a playground to play with other peoples nerves. I am not trying to cheat or do anything wrong, just according to basic human rights in this country. The case is a bit unusual but its not a fraud attempt or anything close.

Just read thru the all the posts and you will find a surprising number of assumptions that some people just threw in without actually even paying attention on what I have asked.

So what's up with that?