N400 weird situation, re-interview...

[aldo72]

Hallo to all of you and thanks in advance for the help. Here is my case.. I got married in 2000 and went to all the interviews as scheduled, i receive the first green card on 2001. Went for a second interview with my wife and received the second green card., i wanted to vote so I filed for the citizenship in december 13, 2004, i had my interview in oct 12, 2005, almost one year later. I passed the test and the immigration officer gave me the interview result letter stating (by pen) that FBI name check pending. I waited and waited and called the immigration at least 6 times. My wife and I divorced while i was waiting. After a while, almost 3 years I contacted congressman in NY and explained my situation. He was very helpful because i was scheduled for fingerprints in march 2008, and now i received a letter stating that they need to re-interview me and to bring proof of MARITAL UNION with my wife. Unfortunately i am divorced now, and she lives in italy. I have been a resident since october, 2001 almost 7 years. I know about the 3 years rule if you are married and the 5 if you are not. well, i am not now...

I have the re-interview on APRIL 21, 2008...
please help




Married : march, 27, 2000
received residency : october/15/2001
applied N400december, 13, 2004
passed interview citizenship: october, 12, 2005
divorced : december, 1, 2005

 

[boatbod]

The "re-interview" is standard procedure when a case is pending for a long time. Unfortunately since you are applying based on 3yr marriage to a USC, you have to remain married to that same person until after you take the oath. Quite probably your case is going to get denied, and you will have to reapply under the standard 5yr rule.

 

[Bobsmyth]

Hallo to all of you and thanks in advance for the help. Here is my case.. I got married in 2000 and went to all the interviews as scheduled, i receive the first green card on 2001. Went for a second interview with my wife and received the second green card.,

You received a green card in 2001 and second green later??

 

[aldo72]

Yes, i received the FIRST (conditional) green card in 2001, then i had to apply to remove the conditions (applied 7/15/2003 - 3 months before expiration) and i had been called for a second interview. Went for a second interview in 12/01/2004 and received my SECOND green card 12/23/2004. It will expire on 2014.

I was really worried when i received the letter for a re-interview... why all this fuss, i WANT to vote!!!

 

[Bobsmyth]

And your ex-wife is US citizen, correct? I mean you applied for naturalization based on marriage to a US citizen,correct? In that case your application would be denied since you are no longer married. You can't use the 3 year rule and then get divorced before your application is adjudicated.

 

[aldo72]

Yes, that's correct. I thought that because it's really the immigration's fault that i got almost 3 years delayed with the N400 they would let me pass no matter what... But if you think that they will deny me maybe i should write to a congressman and ask for help.
Immigration is mo messed up that i am afraid it will take another year or two to file for another n-400. More money and more time wasted...

 

[Bobsmyth]

Yes, that's correct. I thought that because it's really the immigration's fault that i got almost 3 years delayed with the N400 they would let me pass no matter what... But if you think that they will deny me maybe i should write to a congressman and ask for help.
Immigration is mo messed up that i am afraid it will take another year or two to file for another n-400. More money and more time wasted...

When you apply based on a certain situation and that situation changes during the process, your application then becomes void. Since you applied on the basis of marriage and you are no longer married, then your application will be denied. I'm sure you didn't foresee your divorce when you filed the original application, but it's best to just move on now and reapply.

 

[lotechguy]

When you apply based on a certain situation and that situation changes during the process, your application then becomes void. Since you applied on the basis of marriage and you are no longer married, then your application will be denied. I'm sure you didn't foresee your divorce when you filed the original application, but it's best to just move on now and apply 5 years -90 days after you received your original green card.

Consult an attorney and see what are possiblities. It may be possible to modify the current application to be a 5 Years as GC thing. In this case also USCIS can investigate if your marraige was faudulent and the onus will be on you to prove otherwise.

 

[Amicus]

Aldo, you seem to have completed your divorce within few weeks of your N400 interview. It is very likely the immediate divorce will raise red flags on this second interview. Like what others have said, there are chances that your case may get rejected.

In any case, give it a shot and maybe you'll get a lucky break.

 

[Bobsmyth]

Aldo, you seem to have completed your divorce within few weeks of your N400 interview. It is very likely the immediate divorce will raise red flags on this second interview.
In any case, give it a shot and maybe you'll get a lucky break.

Providing evidence of a martial union when you're already divorced is fraud. There's no 'lucky break" here to be had. The law is the law. Why else would USCIS be asking for evidence of martial union?

 

[Amicus]

Providing evidence of a martial union when you're already divorced is fraud. There's no 'lucky break" here to be had. The law is the law. Why else would USCIS be asking for evidence of martial union?

I wasn't asking him to provide false evidence.

If the interviewing officer does not "ask" him for evidence, then he gets a lucky break.

 

[aldo72]

My marriage was not fraudolent, i was living with my wife 3 years before we got married, since 1997 and i applied for the N400 long before my divorce. I was married for over 5 years... and i could have waited another2 years if i knew that my wife would have left me and asked a divorce... I really don't have an emergency for the passport but would love to have one.... As i understand i will go the interview and say the truth, that i am divorced and that i am a resident since 2001, if i get deinied then i will reapply with the 5 years rule. I hope that as some of you said about red flags they will not take my green card away because they think i was in a fraudolent marriage...

 

[Bobsmyth]

Consult an attorney and see what are possiblities. It may be possible to modify the current application to be a 5 Years as GC thing. In this case also USCIS can investigate if your marraige was faudulent and the onus will be on you to prove otherwise.

You can't change or carry over your application half way through the process to fit your situation. You'll have to reapply based on 5 year rule.

Lesson learned here: when filing for naturalization based on marriage you better make sure to stay together as a couple until after the oath.

 

[Bobsmyth]

I wasn't asking him to provide false evidence.

If the interviewing officer does not "ask" him for evidence, then he gets a lucky break.

He clearly stated that USCIS is asking him for evidence of martial union. Hoping that the IO will somehow forget about it and cut him a lucky break is wishful thinking and can potentially get him in more trouble later when they find out he never provided the evidence required to adjudicate his case. Why would the IO suddenly not ask for evidence that is the basis of his application when that condition (marriage) is required up until after the oath?

 

[Bobsmyth]

My marriage was not fraudolent, i was living with my wife 3 years before we got married, since 1997 and i applied for the N400 long before my divorce. I was married for over 5 years... and i could have waited another2 years if i knew that my wife would have left me and asked a divorce... I really don't have an emergency for the passport but would love to have one.... As i understand i will go the interview and say the truth, that i am divorced and that i am a resident since 2001, if i get deinied then i will reapply with the 5 years rule. I hope that as some of you said about red flags they will not take my green card away because they think i was in a fraudolent marriage...

You must keep the same condition (marriage) up until after the oath. You cannot use the USCIS' delay in processing your case to somehow grant you credit for the time you were married. Don't worry about your green card as you already removed conditional status. No one here said the red flags will take your GC away..they mentioned that it would be cause for denial in your naturalization application.

 

[Amicus]

My marriage was not fraudolent, i was living with my wife 3 years before we got married, since 1997 and i applied for the N400 long before my divorce. I was married for over 5 years... and i could have waited another2 years if i knew that my wife would have left me and asked a divorce... I really don't have an emergency for the passport but would love to have one.... As i understand i will go the interview and say the truth, that i am divorced and that i am a resident since 2001, if i get deinied then i will reapply with the 5 years rule. I hope that as some of you said about red flags they will not take my green card away because they think i was in a fraudolent marriage...

Aldo, just want to clarify that I'm not saying your marriage was fraudulent or your GC will be denied. From you description, you do seem to have a legit marriage. I don't know what are the legal thresholds for marriage, in case of marriage based green card, but since you did get an un-conditional GC, my understanding is that you should be fine. It is just that your divorce proceedings seem to have started soon after your interview.

Still, it is better to seek a legal opinion in your case. Keep enough documentary evidence to back it up. Do you have children from this marriage?

 

[Amicus]

Why would the IO suddenly not ask for evidence that is the basis of his application when that condition (marriage) is required up until after the oath?

I'm sorry but I don't how to define or instantiate 'a lucky break'.

But, you are right. He could land in trouble at the time of oath.

 

[aldo72]

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??

 

[Bobsmyth]

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??

No, they can't take your away green card away based on a naturalization denial unless you committed fraud (which you haven't) so you're fine.

Since you're still good friends with your ex and her boyfriend has lots of money, why not ask her to pay for your reapplication.

 

[aldo72]

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...