N-400 helpppppppppppppp!!!

T

tropico

Registered Users (C)
Hi ,
My freind get into situation today so Im trying to help him.

He merride women few years ago and they been together (they really love eachother and they lived together).
He got his GC (10 years) and he submit N-400.
He went to the USCIS office today to check the status on his application (he was nearby).

The officer let him inside and told him the N-400 officer have time now and he can take care of you now... he finaly did.

The officer ask him questions and he fail in the exam so he told him to come back in 2 month so he can study for his exam for next time.

my freind and his wife seperate in the last few month ... AFTER he apply for his citizenship.

the officer ask him questions about his wife and my freind said they still together and we lived here ... bla bla bla.
The officer type all this info. in the computer and printout and let my freind sign.

After he left the office , the officer called the wife and she didnt know about the interview , they ask her questions such as ... you still together and she said NO , we been together we lived together but now we seperate ..

My freind could not come down and he worried , he didnt even think about seperate with his wife , that was a real marriage.... really !!!!

He's really worried so much today and im trying to get some info for him.

what should he do at this point , what will happen to the application ? what the INS can do to him ?

Thank you for your help in advance.
 
I am assuming that your friend's wife is US Citizen and he is applied for N400 based on the 3 year rule of being married to a US Citizen. Right? Answer to this question will help answer your other questions.
 
They will surely deny the N-400 application for lying and for not still being together with his wife.

I don't think they will try to revoke his green card, although it is possible.
 
He failed to prove good moral character by lying and that his application is not valid since the marriage is not valid anymore. His application will be denied. He will have to re-apply based on the 5 year rule. Has conditions on his GC been removed?

Regarding if USCIS will revoke his GC - I doubt that, but I will let the experts address that.
 
He have 10 years gc

He never get any cond. Gc
he got 10 years cuz they been more than 2 years marrige at the time they approved his gc.

I repeat , he lived with his wife , real marrige.
This is not a fraud case , he only lied on his interview that they still merride and live together.

He sign under outh and his worried of beign arrested and his gc. To be revoked.

Thank you
 
For citizenship via the 3-year rule, the marriage must still be viable with the couple still living together (unless there is a good explanation for the separation, like military deployment or a job relocation). It is not sufficient for them to be legally married.
 
TO ...For citizenship via the 3-year rule, the marriage must still be viable with the couple still living together (unless there is a good explanation for the separation, like military deployment or a job relocation). It is not sufficient for them to be legally married.
__________________
PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

______________
IM NOT SURE IF YOU READ MY QUESTION ...
AS I SAID , THEY COUGH HIM LIE ON HIS PAPER WHEN HE SAID THEY STILL LIVED TOGETHER ... AND ACTUALLY THE SEPERATE FOR FEW MONTH.
THE NOT BEEN TOGETHER FOR FEW MONTH , THEY SEPERATE.
 
He won't be charged with a felony. But he can be deported for lying to the immigration officer, if USCIS decides to forward this to ICE to initiate deportation. However, I don't expect this to result in deportation, if the rest of his record is clean (other than minor traffic tickets). Then he can reapply after waiting 5 more years.
 
Jackolantern said:
Then he can reapply after waiting 5 more years.
Click to expand...

That all depends on the denial. If they deny him for not meeting marriage requirement alone, then OP's friend could apply as soon as he have 5 years of continuous residence as a LPR.
If they deny him for lying, then it would be 5 years after denial.
 
tropico said:
Hi ,
My freind get into situation today so Im trying to help him.

He merride women few years ago and they been together (they really love eachother and they lived together).
He got his GC (10 years) and he submit N-400.
He went to the USCIS office today to check the status on his application (he was nearby).
Click to expand...

When did he get his GC, and why did he decide to do a walk in interview without being prepared?
 
Bobsmyth said:
That all depends on the denial. If they deny him for not meeting marriage requirement alone, then OP's friend could apply as soon as he have 5 years of continuous residence as a LPR.
If they deny him for lying, then it would be 5 years after denial.
Click to expand...

Either way, he will has to answer Yes to the Qeustion :"Have you ever lied
in order to get immigration benefit" on future N400 and this will always bug him
 
tropico said:
TO ...For citizenship via the 3-year rule, the marriage must still be viable with the couple still living together (unless there is a good explanation for the separation, like military deployment or a job relocation). It is not sufficient for them to be legally married.
__________________
PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

______________
IM NOT SURE IF YOU READ MY QUESTION ...
AS I SAID , THEY COUGH HIM LIE ON HIS PAPER WHEN HE SAID THEY STILL LIVED TOGETHER ... AND ACTUALLY THE SEPERATE FOR FEW MONTH.
THE NOT BEEN TOGETHER FOR FEW MONTH , THEY SEPERATE.
Click to expand...



First of all, why did you lie to the immigration officer? Secondly, why did you show up at the USCIS officers without any interview appt? I wonder why USCIS decided to accept your on the spot showing up and interview you, because they tend to be systematic in their conduct of these matters.

Since you lied to the IO under oath, signed the statement which you gave have him as a truthful, you N400 is going to be denied. I am more inclined to think that you won't face hell for the greencard because USCIS can't prove you got it fraudalently. What this means is that you will have to wait for few more years to clean your moral trangressions, because USCIS will have a record of denial and reasons: lying LPR. :eek:

Application for naturalization based on 3-years rule requires: marriage still going on strong, bedwise, moneywise and living in the same household. If you are deployed to hunt the republicans..:rolleyes:, then you aren't separated in the sense of marriage in the poop house. Since you and wife are separated for a few months, it is viewed as having failed to meet the conditions for N400. Worst of all, you civics test was awful for a such a simple test which I can assure you, 85% of Americans will fail with flying colors...:eek:

Since these are your own questions addressing your own situation, no need to invent a friend to pin such a horrible situation. Let there be no shame in your situation, lying is a bad and terrible thing, especially to USCIS...:eek:
 
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