N400 weird situation, re-interview...

aldo72 said:
I am soo freaking out regarding this interview... I have been denied my first green card in 1999 (which i won with the lottery DV99) because the IO didn't accept my italian culinary institute diploma and also didn't accept my GED here in the united states. Me and my wife got married and we were thinking of moving to italy back then, but then she found a good job and decided to stay here. I think because of my first denial and then marriage soon later i raised soo many red flags that now i look like a circus from far away.. I know people that had married and never lived with wifes and were fighting that were soo lucky.
I know a guy who won the lottery and show them a copy of a junior high received when he was 19 and they passed him with flying colors...
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Don't worry Aldo..they cannot take away your green card away based on a failed marriage after conditions were removed or on previous denial of a green card.
However, I've read that there have been instances were the GC card was revoked when the marriage ended a few months after obtaining permament GC, so you're always best to consult a lawyer first. JohnnyCash goes into detail about this in some of his threads.
 
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aldo72 said:
My current green card expires in the ned of 2014, still almost 7 years to go. I rather be safe than sorry, and be honest. I will go to the interview this month and tell the IO that i would rather reapply for a new N400 under the 5 years rule and just trash this current application. I don't need a lucky break. As you mentioned they could later find out that i was not married on my oath and take away my current green card.. can they??

I am safe with my greencard until 2014 . Am i??
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You are right; no need for lucky breaks. N-445, the invitation for oath, does specifically check for changes in marital status, so lucky breaks at interview won't help. Sorry, that was a bad call on my part.

Just go to the interview and do the right thing. Take a lawyers opinion to be on the safer side.
 
so for citizenship you have to stay married eventhough things doesnt' work out... I guess in his case, the real matter is 3 year or 5 year window. I don't think he is ineligible for citizenship as he has a green card.... but then what do i know... I myself is waiting for something to happen!!!
 
GhantaBro said:
so for citizenship you have to stay married eventhough things doesnt' work out... I guess in his case, the real matter is 3 year or 5 year window. I don't think he is ineligible for citizenship as he has a green card.... but then what do i know... I myself is waiting for something to happen!!!
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8 CFR 319.1 (a) (3) and 8 CFR 319.1 (b) (2) establish the rules for naturalization based on marriage. It specifies that 3 years of marriage must precede the interview and that divorce or separation during that time makes the applicant ineligible.
He can still file for naturalization based on 5 year rule.
 
Based on what you are saying

aldo72 said:
NO children and my ex-wife is now living in italy with her new boyfriend-husband...we are still friends... we loved eachother but then left me for a friend who has a LOT of money and travels the world... :(

My current green card expires in the ned of 2014, still almost 7 years to go. I rather be safe than sorry, and be honest. I will go to the interview this month and tell the IO that i would rather reapply for a new N400 under the 5 years rule and just trash this current application. I don't need a lucky break. As you mentioned they could later find out that i was not married on my oath and take away my current green card.. can they??

I am safe with my greencard until 2014 . Am i??
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She sounds like a hooker to me bro. Left you for money. That shows her character. Tomorrow she will probably leave this new Italian guy if she meets somebody with more money......huh. I really don't understand how 2 people like you 2 could be friends and still stay in touch esp in this kind of situation where there are not even any kids involved. Weird.
 
well, i agree with you a little bit, i am upset too but one thing i learned is that being upset with her and don't speak to hear doesn't earn me any money or anything else. And you never know, one day i may need something from one of these people and in that case i will know that i am on the right side because i forgived them. so far being kind with people always paid me back, while hurting people in the past really didnt' gain me anything except bitterness......

PS, Just found out from our tax CPA that she got married.....:mad:

I need a WIFE!!!! faithful and loving...
 
I agree but....

aldo72 said:
well, i agree with you a little bit, i am upset too but one thing i learned is that being upset with her and don't speak to hear doesn't earn me any money or anything else. And you never know, one day i may need something from one of these people and in that case i will know that i am on the right side because i forgived them. so far being kind with people always paid me back, while hurting people in the past really didnt' gain me anything except bitterness......

PS, Just found out from our tax CPA that she got married.....:mad:

I need a WIFE!!!! faithful and loving...
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Nobody is asking you not to forgive her. You are missing my point here aldo. What I mean is......she left you and moved on with her life. Show her that you have self respect and you have learnt to move on too. Let her be curious what her ex-husband is upto and what he must be doing or he has found someone who is worth it and is now happy with his life. The call & choice is yours. I wouldn't stay in touch with my ex-wife just coz may be 100 yrs down the road I may need a piece of document which my ex-wife has it.......huh.

If you two were good people, but didn't get along fine for some other may be compatibilty reasons, I understand.....but the story here is different. She left you, you know why she left you.....Forget about it. Have a great wknd.
 
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I agree with you atlanta bro... I am just nervous regarding the N400.... such a long time, such a pain.

I really hope i will get true fast... without any problems...
 
Even IF you do get lucky and it slips through the cracks by your IO or he let's you do it you have to think of 2 scenarious ... First one is that after you complete your Interview and for some reason you should pass it still has to go to a IO's Supervisor and there it might not go any further. Second one is that weeks, months, years after your oath it might bite you in the behind because they realize the N-400 wasn't under the same stibulations anymore and you get completely stripped of your Citizenship. You shouldn't beat yourself up because you didn't think it would take so long to get your Interview and that things in your marriage would turn out that way.

If you are really so worried about this Interview and this N-400 Process I would just tell the IO the complete truth and withdraw the current application and re-apply under the 5 Year rule !
 
aldo72 said:
I agree with you atlanta bro... I am just nervous regarding the N400.... such a long time, such a pain.

I really hope i will get true fast... without any problems...
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Your current naturalization attempt was screwed up by the namecheck delay. If you apply again, will you get stuck in namecheck again? That's one question I'd ask the interviewing officer and the only reason I'd wish that there was some way of amending the current application from 3yrs to 5yrs category. I'vent seen any cases of amended N400 on this forum, so it would be useful to know if that is possible at all. If there was some way to link your new N400 to the results of this namecheck, that would help as well.
 
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aldo72, could you let us know what happened at your interview? Did you withdraw your application, got denied, or got approved?
I am sort of in a similar situation where I applied based on my three year permanent residence, and marriage to a US citizen spouse, had my interview, and then got stuck in the FBI name check. Since then I got divorced, and recently had my case denied because of that divorce. I am planning to appeal that decision because I have already been a permanent resident for over 6 years now, and qualify under the five year rule. I could reapply but I'm afraid that I might get stuck in the name check again, or have to pay a hefty $675 fee, which I cannot really afford.

Check out this post about my current situation:
http://www.immigrationportal.com/showthread.php?p=1927886

Bobsmyth, even though 8 CFR 319.1 (b) (2) says that eligibility is lost in case of divorce, it is not consistent with the statutes in USC.

8 USC § 1430. Married persons and employees of certain nonprofit organizations
(a) Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427 (a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

There is no section in USC that supports 8 CFR 319.1 (b) (2) as far as I could find out. Please correct me if I'm wrong about this.
 
yellowmango said:
aldo72, could you let us know what happened at your interview? Did you withdraw your application, got denied, or got approved?
I am sort of in a similar situation where I applied based on my three year permanent residence, and marriage to a US citizen spouse, had my interview, and then got stuck in the FBI name check. Since then I got divorced, and recently had my case denied because of that divorce. I am planning to appeal that decision because I have already been a permanent resident for over 6 years now, and qualify under the five year rule. I could reapply but I'm afraid that I might get stuck in the name check again, or have to pay a hefty $675 fee, which I cannot really afford.

Check out this post about my current situation:
http://www.immigrationportal.com/showthread.php?p=1927886

Bobsmyth, even though 8 CFR 319.1 (b) (2) says that eligibility is lost in case of divorce, it is not consistent with the statutes in USC.

8 USC § 1430. Married persons and employees of certain nonprofit organizations
(a) Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427 (a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

There is no section in USC that supports 8 CFR 319.1 (b) (2) as far as I could find out. Please correct me if I'm wrong about this.
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The language of INA319(a) and regulation of 8 CFR 319.1 (b) (2) make it clear that the marriage must be valid up until naturalization when filing under 3 year rule, even if your case may be delayed by name check for several years. Regulations (CFR) enforce the laws (USC), not the other way around.
If there is an absence or contradiction between USC and CFR, CFR usually prevails.
 
Question on the details. Do you have to be living in marital union up until the interview or up until the whole process concludes? The language seems to indicate that it's just required until the interview.
 
HBSBound said:
Question on the details. Do you have to be living in marital union up until the interview or up until the whole process concludes? The language seems to indicate that it's just required until the interview.
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Because applicants married to a USC get a 2 year break, they have to remain married to the USC until up to the oath ceremony - otherwise the basis in which the approval was granted is null and void.
 
HBSBound said:
Question on the details. Do you have to be living in marital union up until the interview or up until the whole process concludes? The language seems to indicate that it's just required until the interview.
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By interview it implies second interview (oath).
 
Aldo 72,
I was reading all the post and the comments. I just want to know what happened, did you go to the interview? What happened at the interview? Did you tell the truth? What is the status of the case now?
Please write and let us know.
 
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