N-400 filling, divorce after GC what should I expect?

A

anon295

Registered Users (C)
I am planning to apply for my N400 at the Baltimore office based at least 5 years LPR status
I have been an LPR since 2002 through a marriage to USC spouse. We applied for CR removal 3 weeks before we separated. It was a bonafide marriage but things didnt go well, to keep it brief. That was in early 2004. No interview was called and our case was approved based on the evidences sent. 2 months after I received my 10 years green card, they changed the procedure for filling joint I-751 after separation (lucky me). We divorced 16 months later and I remarried 3 months after my divorce was final.

Unfortunately, I lost some of the evidences like our leases etc but I still have financial statement and a copy of statement from my former employer I have life insurance (employment sponsored) with my ex-spouse as the beneficiary at the time.
Do I expect a barrage of questions on my former marriage? I am presently married to another USC.

I am including the following:

1. divorce decree
2. Ten year tax transcript (with my ex- spouse and present spouse)
3. Explanation on Part 10D - I worked illegally before I got my EAD and I also had a warning ticket- Wrote yes for offense and citation.

Is anyone in the same shoes?

Will they look at at from the technical remarriage immediately after divorce or based on the earlier evidence of bonafide marriage?
 
anon295 said:
Do I expect a barrage of questions on my former marriage? I am presently married to another USC.
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If you were currently married to a noncitizen, non-LPR it could be a big problem, as they might suspect your original marriage was for the purpose of obtaining citizenship in order to later sponsor your current spouse. But you are married to a USC so that's not an issue.

So I don't think you have to worry, but you should be prepared for a hostile interviewer just in case.
 
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Thanks I appreciate that. I am just kind of curious of someone that had actually gone through the whole process. I spoke with 3 lawyers already and all said the same thing but when i asked fi they have handled any such cases, they said no! I was wondering if anyone divorced after their green card and remarried within the same year later.
 
anon295 said:
I am including the following:

1. divorce decree
2. Ten year tax transcript (with my ex- spouse and present spouse)
3. Explanation on Part 10D - I worked illegally before I got my EAD and I also had a warning ticket- Wrote yes for offense and citation.

Is anyone in the same shoes?

Will they look at at from the technical remarriage immediately after divorce or based on the earlier evidence of bonafide marriage?
Click to expand...

I thought you only need the Tax Return Transcript for the last 5 years? Please advise.
 
DreamyBunny45 said:
I thought you only need the Tax Return Transcript for the last 5 years? Please advise.
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There's no requirement to provide 10 years worth of tax transcripts. The OP decided on providing 10 years worth of tax transcripts thinking it would help explain authenticity of previous marriage in case USCIS asks.
 
I talked to another AILA lawyer today. He advised that I should withdraw my application and file FOIA to get all my files from USCIS. He said, separating shortly after filing I-751 and not informing USCIS will be considered fraud and they might revoke my GC- ie press charges at the Immigration court. I am even more confused than ever. Is it a way to get $$$$ from me or he is being truthful?

The plan now is to withdraw the N400, get all the files, see all what are in my files and use that as defense in case anything comes up.
How does this affect my Green Card if I decide to travel or want to renew it? will I have problem at the PoE? will the N400 in my file now create problem when I need to renew my GC? anyone with experience with this?
 
Do you have some kind of paper that shows the date of your separation? If you got divorced 16 months later, how would anyone know the date that you got separated? What state are you in? Was a "full" divorce, or dissolution of marriage that doesnt require too much paperwork?
anon295 said:
We applied for CR removal 3 weeks before we separated.
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Yeah, I think the question is whether or not you have date of separation on any of divorce papers or related documents. Because if you do and come across with a tough IO he or she may demand divorce petition. Then here we go..let the games begin..you know..yeah what's your state? Tell me it's not NY..couldn't you stay not separated another 2 months? I wish you read 751 instructions pretty well..FOIA is waste of time I think. You know better than any lawyer if they don't know something that you know that they were supposed to know. Does that make sense?
 
The petition shows the date we separated.In Maryland, on basis of no fault, you have to be separated for 1 year before you can file for divorce. I live in Maryland. Our tax filed after our separation showed she moved out of state on that date. So two documents to support that.
 
anon295 said:
Unfortunately, I lost some of the evidences like our leases etc
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You can file a Freedom of Information/Privacy Act request with USCIS and request a complete copy of your A-file. This way you'll get copies of all the documents you submitted as a part of I-751 application.
 
santa_vik said:
Yeah, I think the question is whether or not you have date of separation on any of divorce papers or related documents. Because if you do and come across with a tough IO he or she may demand divorce petition. Then here we go..let the games begin..you know..yeah what's your state? Tell me it's not NY..couldn't you stay not separated another 2 months? I wish you read 751 instructions pretty well..FOIA is waste of time I think. You know better than any lawyer if they don't know something that you know that they were supposed to know. Does that make sense?
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Yes the day of separation is in the petition. It is not in NY, it is Maryland. The I-751 says you can jointly sign the petition for removal as long as you are together. We were together then and though we knew we had problem I didnt know it was going to lead to separation.
 
Update:

My interview was yesterday at the Baltimore USCIS office. It was the easiest interview I ever had.
The IO was very pleasant, she only asked for my present marriage license and my case was approved within 10 minutes. All the time spent to go through my N-400 and on my civic was about 10 Minutes.
I was sworn in later at 3pm yesterday and I am now a US citizen. Thanks for all your support
 
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