N400 and divorce dismissal: need advice from a divorce lawyer?

R

roberto gasta

Registered Users (C)
Hi,

My N400 is coming up next 20 of April;

My wife filed for divorce on Jan 2009 but we still live together; my wife is now wants to file for a dismissal of the divorce.

Is this dismissal legally possible within 4 weeks?

Will a record remain in Court even in case of dismissal?

My trouble is this: even if she files for a dismissal, will the immigration see the divorce record and de-naturalize me later on after oath?

The problem is that I don't know what is the current stage of our divorce:
on a brief conversation with the
Plaintiff attorney(my wife's attorney) last week we have been told thet the Court is 4 months behind and we will be divorced no sooner than the summer;

The attorney added that "if she tells me to stop it I will stop it";

Now I really would like to show up at the interview and have my mind clear that when they ask me: is your marriage still valid? I can say yes! It is;

I need advice on what to do;

I would not go to the interview and say "she filed for divorce and dismissed and have the IO keeping me there for 2 hours or try to call my wife"

Pls advice on this complicated situation

Thank you a lot
 
Bobsmyth said:
Any reason for starting a new thread on the same topic you brought up two months ago?

http://forums.immigration.com/showthread.php?t=292254

At the very least, be prepared to present the divorce dismissal papers during the interview process. The IO will evaluate the validity of you martial union at the interview.
Click to expand...

I brought this up again because I did not receive enough responses on a dismissal case;

Some people said,"just show up and play dumb" or "for them its fine if you dismiss" and that was it;

Now -because it appears a record will remain in court no matter what - I don't want to take chances of misinform a IO or be denaturalized after oath;

I'm actually a little bit scared
If anyone has additional evidence or suggestion pls advice;

Thanks
 
Well as it seems it all depends on the IO you get if they want to dig deep they can and they will,, if you want peace of mind tell the truth and they can't "get" you for misinforming them be completly honest as to what happened and it will be up to them to accept or deny you,, also there is a small chance they might want to speak to your wife anyway.( see the post above ).

If you want to take a risk and "play dumb" then do it BUT with that you will also have to accept the results of whatever happens if they catch you at it..

It is a descision you have to make and no one in the boards can really give you the answer you want to hear,

good luck
 
hoping in 2009 said:
Well as it seems it all depends on the IO you get if they want to dig deep they can and they will,, if you want peace of mind tell the truth and they can't "get" you for misinforming them be completly honest as to what happened and it will be up to them to accept or deny you,, also there is a small chance they might want to speak to your wife anyway.( see the post above ).

If you want to take a risk and "play dumb" then do it BUT with that you will also have to accept the results of whatever happens if they catch you at it..

It is a descision you have to make and no one in the boards can really give you the answer you want to hear,


good luck
Click to expand...

Play dumb is not an option
If I go ill be honest and tell them re the divorce and the dismissal;

My wife will be in Europe the day of the interview,

And also I did have trips on my application where I went by myself if they ask me,
How many chances do I have to pass?

If I schedule an infopass do you think it will help?

Thank you
 
You're main concern seems to be what will happen if you don't disclose that your wife filed for divorce and later dismissal.

Why are you willing to chance it by not disclosing something you are required to as it is a materiel fact (status of martial union).?
 
Bobsmyth said:
Any reason for starting a new thread on the same topic you brought up two months ago?

http://forums.immigration.com/showthread.php?t=292254

At the very least, be prepared to present the divorce dismissal papers during the interview process. The IO will evaluate the validity of you martial union at the interview.
Click to expand...

Hi Bobsmith,

May I ask you what do you mean by "evaluate the validity of marital union"?

Will they ask me to provide some evidence?

Do I need to bring extra documentation to prove we live together?

Do you mean they will ask me any specific question?

Will they try to call my wife at her cell phone?

Your answer is very important

Thank you
 
roberto gasta said:
Hi Bobsmith,

May I ask you what do you mean by "evaluate the validity of marital union"?

Will they ask me to provide some evidence?

Do I need to bring extra documentation to prove we live together?

Do you mean they will ask me any specific question?

Will they try to call my wife at her cell phone?

Your answer is very important

Thank you
Click to expand...

Since you've applied under 3 year rule married to USC, the IO will evaluate the status or your martial union. This can involve questioning such as how long you have lived together, and if you any of you have filed for divorce since you submitted the application. Also, the IO can ask for additional evidence such as utility bills, accounts, etc if they need more proof of you living together as a married couple. The IO might even ask to speak with your wife as other posters have reported this happening.

The bottom line is there are no guarantees what the IO will ask or request at interview, so it's best to be prepared to provide what they may ask rather than wondering if they may ask about it.
 
What if roberto gasta waits for another couple of years and files his N400 under 5 year rule? Will he still have to provide or reveal his marital/divorce history during the interview?
 
Lolitochka said:
What if roberto gasta waits for another couple of years and files his N400 under 5 year rule? Will he still have to provide or reveal his marital/divorce history during the interview?
Click to expand...
Yes, marriages and divorces have to be disclosed as well as pertinent documents regardless of what rule you file under.
 
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