N-400 and Stipulation of discontinuance / Divorce

Regardless weather you get a citizenship or not...you are not at risk of loosing your Green Card...if your marriage was in good faith.
 
roberto gasta said:
I'm the original poster,
The comment about kicking my wife to the moon was not made by me;

At this point my concerns re:
- what is the point to even show up at interview if I already know I will be denied?
DO I HAVE to SHOW UP?
Or can I just abandon the petition? What are the risks of showing up (carrying divorce proceedings) vs not show up??

- can a divorce filing be withdrawn?/postdated? Maybe I can convince my wife to wait or postdate
The divorce;

Pls share
Thanks
Click to expand...

i dont mean to be rude but it seems like you are really pissed off that your wife has made this decision at such a time when you needed her the most for "YOUR" status...and its funny how she just decided to walk out file papers just when she knew you have filed for the N-400...your question is maybe you can convince her to stick around just for your citizenship...i doubt she will do that since she probably went out of her way to give you the divorce so you dont get a 3 year citizenship out of her..why else would anyone walk out at such a time(middle of a pending N-400)..you are probably mad that she left you because of your N-400..what you have to do is wait the 5 years and do it on your own,,the good thing for you is you are already a LPR she cant take that away..just dont let her talk you into registering to vote and then make you vote..because then you can lose your GC..
 
Bobsmyth said:
Unless you can convince your wife to withdraw the divorce and refile it until after oath date, you'll have to present the divorce filing at interview and be denied (if you decide not to withdraw application).
Click to expand...

Can you explain me WHY should I waste one day + travel expenses to
be told "your application is denied"??

The question now here is HOW can I withdraw my N400 application?[/B]
can I make a phone call??

Should I make An INFOPASS? and, again, waste one day in addition to the $685 filing fees that I already paid.............

My wife already paid the divorce fees filing and I dont think she is going to change her mind;
Yeah its very disappointing but I better keep the relationship friendly and keep my citizenship options clean when I will file under the 5 years rule (19 months from now)
 
If you don't want to travel to DO, then write USCIS a letter stating that you request to withdraw your application. They'll need something in writing from you. You can't just call and request to withdraw your application.
 
The law is clear. The divorce will lead to denial of the N-400 application. There is nothing you can do to salvage the N-400. Wait until you are eligible to file on your own. I would withdraw by sending a certified letter to the USCIS and then follow up with an INFO pass appointment.

On the subject of the divorce itself, New York does NOT have no-fault divorces. Couples cannot divorce just because they want to. She will have allege something like you mistreated her, abandoned her or had an extramarital affair.
 
thankful said:
The law is clear. The divorce will lead to denial of the N-400 application. There is nothing you can do to salvage the N-400. Wait until you are eligible to file on your own. I would withdraw by sending a certified letter to the USCIS and then follow up with an INFO pass appointment.

On the subject of the divorce itself, New York does NOT have no-fault divorces. Couples cannot divorce just because they want to. She will have allege something like you mistreated her, abandoned her or had an extramarital affair.
Click to expand...

The court Summon specify "abandonement" as cause of divorce

If I convince her to withdraw the divorce papers, will a record remain in Court?
in other words, if she change her mind, will USCIS see this filed-then-dismissed divorce record?
 
In my view, here are your options:

1. Withdraw: Set up info pass. Give them what ever they want
2. Withdraw: Call 1-800#. Tell them u wanna cancel. Ask them where to send the leeter if u need to.
3. I am surprised that no one mentioned it. For legal purposes, you are married until ur divorce is final. All they are concerned about and will ask u about is: ARE YOU STILL MARRIED TO THE SAME PERSON, and the answer is yes. (ask an immigration attorney).. They are more concerned about YOU on the interview.. aka.. your residency/criminal history. did you pay taxes, ur affiliations etc.
 
AAZZ said:
In my view, here are your options:

1. Withdraw: Set up info pass. Give them what ever they want
2. Withdraw: Call 1-800#. Tell them u wanna cancel. Ask them where to send the leeter if u need to.
3. I am surprised that no one mentioned it. For legal purposes, you are married until ur divorce is final. All they are concerned about and will ask u about is: ARE YOU STILL MARRIED TO THE SAME PERSON, and the answer is yes. (ask an immigration attorney).. They are more concerned about YOU on the interview.. aka.. your residency/criminal history. did you pay taxes, ur affiliations etc.
Click to expand...

Actually when you are applying under the three year rule they are concerned about the marriage itself. They often ask for extensive documentation about the couple's life together.
 
thankful said:
Actually when you are applying under the three year rule they are concerned about the marriage itself. They often ask for extensive documentation about the couple's life together.
Click to expand...
And often don't you have to ask yourself "do I feel lucky"
 
AAZZ said:
3. I am surprised that no one mentioned it. For legal purposes, you are married until ur divorce is final. All they are concerned about and will ask u about is: ARE YOU STILL MARRIED TO THE SAME PERSON, and the answer is yes. (ask an immigration attorney).. They are more concerned about YOU on the interview.. aka.. your residency/criminal history. did you pay taxes, ur affiliations etc.
Click to expand...
That's incorrect. According to immigration law (8 CFR 319) , a legal separation causes a break in martial union requirement of INA 319(a). This means you can still be legally married, but for immigration purposes a separation breaks the martial union requirement. Even an informal separation can suggest martial union discontinuity.
 
Try calling the 1800 number first explain to them what has happened and let them know you want to cancel then if they tell you to come in ask if you can just send a letter instead.

My guess is that should be enough instead of you going through the trouble of going there in person to waste your time.
 
what a predicament...did you ask why she has filed for divorce after you paid the immigration fee N-400? i mean she could have waited if she wasnt pissed off..call the 800# they are open monday-fridays they close at 6pm..they will explain what you can do at this point,
 
In WA state, there are two scenarios:
1-You can get legal seperation in writing, same as divorce but it can be reversed.
2-Divorce.
Now if she filed for a divorce & he wont contested then it should be over & done within three months. If I were him, I would contest that divorce for as long as I can & I would look like to be still married on paper. Ofcourse I would have to come up with proofs that we are still living together at the time of intreview.
Again, thats in WA state & thats just me.;):D
 
truckensafely said:
I If I were him, I would contest that divorce for as long as I can & I would look like to be still married on paper. Ofcourse I would have to come up with proofs that we are still living together at the time on interview.
Click to expand...

Contesting a divorce won't help as it will show discontinuity in marital union. Also, the martial union requirement is not only up until filing, but during the process as well.
 
Last edited by a moderator:
nyc_nyc_nyc said:
what a predicament...did you ask why she has filed for divorce after you paid the immigration fee N-400? i mean she could have waited if she wasnt pissed off..call the 800# they are open monday-fridays they close at 6pm..they will explain what you can do at this point,
Click to expand...

I took my wife out tonight and, calmly, we went over several issues
of our current situation,

When i asked her if she could postpone/cancel the already filed divorce papers, I was able to obtain from her "i will think about it..."

im not sure if she is going to change her mind but, if i think positive
here is the question is: can a Court record be canceled/put on hold? (the divorce papers i received has a case#)

if it can be canceled/postponed, will Cis see it and likely question me about it?
 
It seems like she thinks she can manipulate you into it.... worst comes to worst... you wait 19 months and you are all done, anyway.

And if she has already filed, she must have help. She is not doing it by herself. And I don't think you can undo it without leaving trace.-
 
roberto gasta said:
I took my wife out tonight and, calmly, we went over several issues
of our current situation,

When i asked her if she could postpone/cancel the already filed divorce papers, I was able to obtain from her "i will think about it..."

im not sure if she is going to change her mind but, if i think positive
here is the question is: can a Court record be canceled/put on hold? (the divorce papers i received has a case#)

if it can be canceled/postponed, will Cis see it and likely question me about it?
Click to expand...

She'll have to withdraw her divorce petition, and it shouldn't be an issue with USCIS. It can always be argued that you had a "cooling off period", but that after oath it still didn't work out and she can reapply for divorce.
 
i doubt she will undo the divorce, its like you said you guys went out and talked calmly why would she say no and she wont say yes so it was a i'll think about it...and she will probably just delay doing anything so just be realistic and go with the 5 years..dont run after her it makes you look needy when you know she will not help..if she would have even understood this she would have not filed for divorce without even giving you a hint so why would u think she's gona take it back..i can see your desperation..
 
Think things through if you wait and do it on you own with the 5 year rule then its all your glory,,

The one thing I advice is don't try to get away with it by going to your interview and pretending your marriage is ok because if she has DATED paperwork that shows when she filed for divorce she can prove to INS that you lied and that could mean you losing your GC. ( This could happen if for any reason she feels angry towards you and wants to get revenge ) for now it may suck to have to wait longer but in the end you will get your citizenship without restrictions, conditions, or lies.

just my 2 cents :)
 
You must log in or register to reply here.
Top