N-400 and Stipulation of discontinuance / Divorce

Bobsmyth said:
How is admitting to IO at interview that you longer have a marital union and wish to close the case any different from requesting to withdraw it in writing beforehand?
The IO has the ability to record your wishes at the interview. Anyway, you wouldn't be denied on poor moral character, but rather for no longer meeting the requirements of a marital union according to immigration law.
Also, what does poor moral character have to do with your wife withdrawing divorce?I'm sure there are other couples who have filed divorce on the spur of the moment during naturalization process, only to withdraw and show IO that they have successfully reconciled. Whether those marriages last after the oath is another question.
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I tell you what is the difference:
ANY CHANGES on a marital union has to be communicated to CIS;

DENIAL: If I show up and I tell the IO I'm divorced he will deny my case and he has to put a REASON for denial;
that reason will be you did not communicate your marital union has been broken at the time it happened; the reson will likely be: POOR MORAL CARACHTER

WITHDRAW: I write a letter to the IO and I ask for withdraw, even without specify a reason: my file will be clean with NO DENIAL reason recorded

Bottom line withdraw is sfer while denial could affect your future N400 success
 
Yes I think you have finally answered your own question.

In my opinion if you let them know ahead of time your marriage is ending it shows you are on top of your case and are aware of the rules,, versus going through interview wasting their time and yours only to get a denial in your files.
 
roberto gasta said:
I tell you what is the difference:
ANY CHANGES on a marital union has to be communicated to CIS;

DENIAL: If I show up and I tell the IO I'm divorced he will deny my case and he has to put a REASON for denial;
that reason will be you did not communicate your marital union has been broken at the time it happened; the reson will likely be: POOR MORAL CARACHTER

WITHDRAW: I write a letter to the IO and I ask for withdraw, even without specify a reason: my file will be clean with NO DENIAL reason recorded

Bottom line withdraw is sfer while denial could affect your future N400 success
Click to expand...

Poor moral character is reserved for things like crimes, or lying on application, not for being upfront at interview. The whole purpose of an interview is to go over the questions and update your situation. Can you help it that your spouse filed for divorce during the process?No. Will you be denied based of poor character for not telling them before the interview? No. You'd be denied for not meeting marriage requirement after notifying them (whether at interview or beforehand).
And how exactly does a denial based on ineligibility affect your future N-400 success, unless of course you plan not to disclose the divorce in the first place. It's one thing if you flat out lie, it's another if you are no longer eligible after notifying USCIS that your wife filed for divorce. A withdrawal (if accepted by AG) would result in a denial without prejudice.

Here is what the laws say about withdrawing application:

8 USC 1446:
(e) Withdrawal of application
After an application for naturalization has been filed with the
Attorney General, the applicant shall not be permitted to withdraw
his application, except with the consent of the Attorney General.
In cases where the Attorney General does not consent to the
withdrawal of the application, the application shall be determined
on its merits and a final order determination made accordingly. In
cases where the applicant fails to prosecute his application, the
application shall be decided on the merits unless the Attorney
General dismisses it for lack of prosecution.


8 cfr 335.10:
An applicant may request, in writing, that his or her application, filed with the Service, be withdrawn. If the district director consents to the withdrawal, the application will be denied without further notice to the applicant and without prejudice to any future application. The withdrawal by the applicant will constitute a waiver of any review pursuant to part 336 of this chapter. If the district director does not consent to the withdrawal, the application for naturalization shall be adjudicated on its merits.
 
Jackolantern said:
Living together with the US citizen is still one of the basic requirements...
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Again, living in marital union with a US citizen is the basic the requirement under 3 year rule. What constitutes marital union is a separate issue.

8 CFR 319.1(a)(3)
 
Bobsmyth said:
Again, living in marital union with a US citizen is the basic the requirement under 3 year rule. What constitutes marital union is a separate issue.

8 CFR 319.1(a)(3)
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Bobsmith,

The point you are making here is that a WITHDRAW ( writing a letter to a local office, infopass or not showing up at interview) ls equal or leads anyway, to a DENIAL;

So then why other posters argued that
WItHDRAWAL and DENIAL are two different outcomes;

One thing I know for sure is I have to TELL them NOW I'm in divorce proceedings : will this be considered/intended a withdraw? Don't know

and also: SHOULD I GO at the interview or not?

I still don't have a clear valid answer to my case
 
N400 pending & divorce filed than withdraw?

Hi,

Some of you already know my case as I describe here:

- my wife filed for divorce while N400 is pending and an interview appointment has yet to be scheduled

The facts I know from this forum re a divorce filing are:
- this break the marital union and make me no-longer-eligible for N400

- I need to disclose this marital break to CIS by letter or at the interview

-a withdraw on N400 application is BETTER than a denial; some say withdraw is not "technically" possible,
A "withdraw" letter will lead to a denial decision anyway

Well this morning my wife said she CHANGED her mind and she will withdraw the divorce (already filed and it has a case # in Court)

Now will this create additional confusion on a N400 interview?
If I tell and show the IO she withdraw the divorce will he consider this a "trouble marriage" and deny the case?

If you had the same kind of experience pls share it;

I know I already posted my case here and I apologize for that but this is a complicated period for me

I want to also thank Bobsmith for his replies on the other post

Thank you
 
If your wife has withdrawn the divorce application, USCIS will want to know why: Has she withdrawn it or just suspended it, or is there is a sincere reconciliation process underway? If there is a jointly agreed reconciliation, you'll want to be able to show that (ex:jointly have agreed to marriage counseling). USCIS may even request to speak to your wife to get her side of the story and to make sure there she isn't withdrawing the application just for the sake of your naturalization. In the end, it will be up to you to show USCIS that you are still in a marital union as defined by immigration law.
 
Hmm, whilst we all know what the law says, I'd play dumb (if she withdraws) and not mention it at all.

I'd consider a "moody" time and let it slide
 
roberto gasta said:
Bobsmith,

The point you are making here is that a WITHDRAW ( writing a letter to a local office, infopass or not showing up at interview) ls equal or leads anyway, to a DENIAL;

So then why other posters argued that
WItHDRAWAL and DENIAL are two different outcomes;
Click to expand...
What they mean is that on paper a withdrawal is better than a denial under certain circumstances. For example, a withdrawal will lead to a denial without prejudice, whereas a denial for something like committing a crime or lying will lead to denial based on poor moral character. The latter denial can be used against you in future applications, although each application is judge on its own merits.

In your case, you wouldn't be denied based on poor moral character unless you lied about divorce(or something else) . You'd be denied based on no longer meeting basic eligibility requirements (if the divorce wasn't withdrawn).

roberto gasta said:
One thing I know for sure is I have to TELL them NOW I'm in divorce proceedings : will this be considered/intended a withdraw? Don't know

and also: SHOULD I GO at the interview or not?

I still don't have a clear valid answer to my case
Click to expand...

The way I see it really depends on the status of your marriage.
Here are your choices based on that:

1) Divorce has been filed, wife will not withdraw it, you go to interview,update IO on divorce, get denied based on ineligibility. Whether you inform USCIS before or during interview won't make a difference in outcome.

2) Divorce has been filed, wife will not withdraw it , you go to interview, but not tell IO abut it. Potential denial based on poor moral character (lying) or approval with potential of denaturalization later.

3) Divorce has been filed, wife agrees to withdraw it, you go to interview, but don't show sufficient cause that you are reconciling with wife. Denial based on ineligibility (break in marital union).

4) Divorce has been filed, wife will not withdraw it, you decide to withdraw application. Denial with no prejudice.

5) Divorce has been filed, wife will not withdraw it, you decide not to go to interview, not notify USCIS and not withdraw case. Case will eventually be put on administrative hold and closed. Not really a good idea since USICS may require you to withdraw an old pending case put on hold first before adjudicating a new one.

5) Divorce has been filed, wife agrees to withdraw it, you go to interview and show sufficient cause that you are sincerely reconciling. Approval.

6) Divorce has been filed , wife does not withdraw. You hire someone to get rid of her and decide to go to interview and tell IO that wife has expired. Denial based on ineligibility. Also potential for deportation if they connect her disappearance with you (foul play).



Ok, option 6 is just to see if you're paying attention and really shouldn't be an option. But you get my point.

In the end , no one but you and your wife can show that your marriage still has a chance to survive. If you're both willing to make it work then go for it. If not, cut your losses and move on until you can reapply based on 5 years.
 
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MartinAub said:
Hmm, whilst we all know what the law says, I'd play dumb (if she withdraws) and not mention it at all.

I'd consider a "moody" time and let it slide
Click to expand...

Wow play dumb.....?

It feels kind of risky,...
Do you have knowledge of some other posters being approved with this same scenario?

what if after naturalization they see A Divorce was filed then canceled?......
 
roberto gasta said:
Bobsmith,

The point you are making here is that a WITHDRAW ( writing a letter to a local office, infopass or not showing up at interview) ls equal or leads anyway, to a DENIAL;

So then why other posters argued that
WItHDRAWAL and DENIAL are two different outcomes;
Click to expand...
What they mean is that on paper a withdrawal is better than a denial under certain circumstances. For example, a withdrawal will lead to a denial without prejudice, whereas a denial for something like committing a crime or lying will lead to denial based on poor moral character. The latter denial can be used against you in future applications.

In your case, you wouldn't be denied based on poor moral character unless you lied about divorce(or something else) . You'd be denied based on no longer meeting basic eligibility requirements (if the divorce wasn't withdrawn).

roberto gasta said:
One thing I know for sure is I have to TELL them NOW I'm in divorce proceedings : will this be considered/intended a withdraw? Don't know

and also: SHOULD I GO at the interview or not?

I still don't have a clear valid answer to my case
Click to expand...

The way I see it really depends on the status of your marriage.
Here are your choices based on that:

1) Divorce has been filed, wife will not withdraw it, you go to interview, get denied based on ineligibility. Whether you inform USCIS before or during interview won't make a difference in outcome.

2) Divorce has been filed, wife will not withdraw it , you go to interview, but not tell IO abut it. Potential denial based on poor moral character (lying) or approval with potential of denaturalization later.

3) Divorce has been filed, wife agrees to withdraw it, you go to interview, but don't show sufficient cause that you are reconciling with wife. Denial based on ineligibility (break in marital union).

4) Divorce has been filed, wife will not withdraw it, you decide to withdraw application. Denial with no prejudice.

5) Divorce has been filed, wife will not withdraw it, you decide not to go to interview, not notify USCIS and not withdraw case. Case will be put on administrative hold and eventually closed. Not really a good idea since USICS may require you to withdraw an old case put on hold first before adjudicating a new one.

5) Divorce has been filed, wife agrees to withdraw it, you go to interview and show sufficient cause that you are sincerely reconciling. Approval.

6) Divorce has been filed , wife does not withdraw. You hire someone to get rid of her and decide to go to interview and tell IO that wife has expired. Denial based on ineligibility. Also potential for deportation if they connect her disappearance with you (foul play).



Ok, option 6 is just to see if you're paying attention and really shouldn't be an option. But you get my point.

In the end , no one but you and your wife can show that your marriage still has a chance to survive. If you're both willing to make it work then go for it. If not, cut your losses and move on until you can reapply based on 5 years.
 
Then it was filed and canceled....

Why can't people get back together?

The more you question this, the deeper you dig your hole.
 
All couples go through some kind of troubles sooner or later....
If I were an immigration officer a perfect couple who never fights or has any argument would raise a red flag... LOL
Anyways, you filed when you were in good terms, she filed for divorce after and then withdrew it.
Do not volunteer any information. If asked, just tell the truth, there's nothing wrong with what happened, you're still a married couple who lives together and has always lived together for the past 3 years.
Just my opinion...
 
Hmmm,

Bob, I like option 6 the best :)

Just shouldn't get caught about the hiring part, that could extend the stay in the US by quite a while.
 
If the IO specifically asks if you or your wife ever filed for divorce before (even if it was later withdrawn) you better be sure to disclose that information at interview.
The issue with a withdrawn divorce is that it's not a clear indication to USCIS of where the marriage stands unless you can prove you have taken steps to reconcile. I'm sure there are many couples who have no intention of getting back together, but decide to withdrawal application just for sake of naturalization. It is those types of applications that USCIS is trying to weed out.

It might not even come up as an issue at interview, but if it does you better be sure to have your facts straight rather than playing dumb.
 
Hmm,

whilst I filed based on 5 years, the IO didn't even allow my wife into the room.
I think this is being made more complicated than it has to.

It's all right and fair - that's not my point, but the issue is what really happens and in the 15-20 min of the interview, this is the least part that matters.
 
The OP filed based on 3 year martial union to US citizen. It's not unheard of USCIS asking to interview wife if they suspect the marriage is in trouble. Considering that martial union is the basis of eligibility here, you can be sure that USCIS will grill you on it. Also, there's no time limits on interview.. there have been reports of marriage based interview lasting over 1 hour to go over details.
Like I said, in the end it may not even come up at interview (IO asking have you ever filed for divorce) but it's better to be prepared to answer than to think they won't grill you on main eligibilty requirement .
 
mmmm, at this point I'm wondering.....
7 months after we got married my wife went to study for her last semester of law school in Japan for 4 months.... Obviously, we weren't living together during those 4 months (even though I went to visit her 3 times in Japan).
I never thought about this, but I guess it's not going to be disclosed... :D
It's a technicality anyways...
 
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