Jackolantern
Registered Users (C)
Just wait out the 19 months. The world is not going to end before that. And if it does end, citizenship won't matter.
N-400 and Stipulation of discontinuance / Divorce
- Thread starter roberto gasta
- Start date
nyc_nyc_nyc
Registered Users (C)
what you said made me laugh..for some people if the world does end they would want to die US Citizens..
roberto gasta
Registered Users (C)
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
I wouldn't lie to USCIS and lose my GC;
In another Forum a poster had a different interpretation of the USCIS law and regulations re the N400 requirements:
The marital union requirements needs to be met AT THE FILING; what happens between the FILING and N400 INTERVIEW remain unclear;
It seems that the way i should proceed (assuming my wife will NOT WITHDRAW divorce papers) is this:
- do not withdraw N400 application;
-show up at the N400 appointment and INFORM the IO regarding this change in the marital union
- wait what the IO decide to do
I know 99% of the cases the IO will deny the N400 but his seems the only
HONEST way to obtain a citizenship and keep my case clean
The INA itself might leave room for debate, but the regulation issued by the DHS to implement section 319(a) of the INA is pretty darn clear.
rick92
Volunteer Moderator
I would file an INFOPASS and withdraw my application. Better a withdrawal than a denial.-
roberto gasta
Registered Users (C)
I would file an INFOPASS and withdraw my application. Better a withdrawal than a denial.-
thank you for your responses,
can anyone sugggest if i should file an infopass at the LOCAL office or
at any office?
ex i live in QUEENs NY, my local office is Garden city, in long island
but there is also an office in Manhattan NY,
which one should i contact?
thank you all
Either one should be able to help.
I just want him to ensure that the law is interpreted correctly.
roberto gasta
Registered Users (C)
I think you are right and I will ask a lawyer;
The Divorce papers state that the official ground for divorce is "abandonement"; the law in NY says the ground for "abandonement"
is one year;
Will the officer ask me if we meet the requirements? if we still live together?
Now I am worried on what can happen at the interview
Jackolantern
Registered Users (C)
Of course they will ask if you're still living together, unless the documentation you present makes it obvious. It is one of the basic requirements for naturalization via the 3-year marriage rule.
Actually living in martial union is the requirement, not necessarily living together. For example, couples who live apart due to circumstances beyond their control (economic hardship, military deployment, etc..) are still eligible under the 3 year path for naturalization.
Jackolantern
Registered Users (C)
Living together with the US citizen is still one of the basic requirements (I didn't say it was a be-all end-all no-exception take-no-prisoners requirement). If you're not living together, they'll want to see a good reason why.
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roberto gasta
Registered Users (C)
OK I got it; I have 0 chances to pass the interview if my marital union
has been broken;
I would like to know : IS it better a DENIAL or WITHDRAWAL?
I ve heard a Withdrawal is A LOT BETTER than a DENIAL (based on the fact that if I go to the interview and I tell the IO he has to PUT A REASON FOR
DENIAL: and that will be POOR MORAL CARACHTER based on the fact that
i should have disclose that BEFORE THE INTERVIEW)
I ve read that even if my wife changed her mind and stop the divorce
and I tell them they will DENY IT anyway because of POOR MORAL CARACHTER;
I am going ahead and write USCIS my wife filed for divorce:
SHould I specify to the letter that the reason for WITHDRAW is DIVORCE?
pls advice
thanks
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.
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.
"
Abandonment for One or more Years:
Abandonment is a serious fault divorce ground in New York. Actual abandonment occurs only in case if one of the spouses leaves home without consent of the other spouse. Another form of abandonment is constructive abandonment, which is the unjustified refusal to engage in sexual relations with the other spouse. If both spouses consent not to engage in sexual relations, there is no constructive abandonment by either spouse. At the time of the petition for divorce, the abandonment must be of one full year.
"
Check your papers !