Need help ASAP

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daisy_7808

Registered Users (C)
While living in Arkansas, me and my husband is in a verge of separation, but we try and work it out. We moved to California and have all my applications transfered to California. I had my interview for my I-751 and N-400 (they did the interview at the same time), after the interview IO asked me to send her more documents, which I even have all the documents with me on that time but she told me to just send them to her, which I did and my husband was with me on that time too but she didn't ask him to come with me inside. Today I got another appointment from the immigration for another interview with the immigration supervisor and my husband must come with me this time. My problem is my husband moved back to Arkansas 2 weeks ago and left me here and don't wanna to nothing about this anymore. What should I do? My interview is next week, on Tuesday and I don't really know what to do? Should I cancel the appointment or should I still show up to the interview? Can I still withdraw my application or is it too late for me to do it now? Do I get deported if I don't show up? Please help me, I only have 5 days left before the appointment and I don't know what to do right now.

If I will file for a waiver, how can I do it if I'm not yet divorce?

Thanks!
 
Relax

Daisy, relax. Things change and officers understand that. Particularly with divorce.

You have not given full details about how long you were married and why you are applying for I-751 at the same time as N-400. I thought that you had to be green card holder for 3 years while you needed to remove conditions 90 days before 2 years.

You need to contact an attorney right away for further guidance. Or beg your husband to help you go through the process and then do whatever he wants. If he was mean to you and resorted to violence, you might have a case that will allow you to maintain your status.
 
Sounds like any kind of marriage based benefit application will have the issue to proceed, and it is unlikely your husband (if you still want him be your husband) will provide any support. Given the short time your have, I would seriously seeking for experienced immigration lawyer to see if there is any option for you, even withdraw and re-apply in a later time will need to be done properly.

Sorry to hear that and good luck.
 
del0175 said:
Daisy, relax. Things change and officers understand that. Particularly with divorce.

You have not given full details about how long you were married and why you are applying for I-751 at the same time as N-400. I thought that you had to be green card holder for 3 years while you needed to remove conditions 90 days before 2 years.

You need to contact an attorney right away for further guidance. Or beg your husband to help you go through the process and then do whatever he wants. If he was mean to you and resorted to violence, you might have a case that will allow you to maintain your status.
Click to expand...

I don't think you need to be "unconditional" GC for three years before qualify for citizenship as long as you have been married to USC for three years after initial CG approval. I could be wrong. I know there are many never bother to remove their "condition" after two years.....
 
To del0175

My I-751 was pending for 2 years and when I went to the immigration office to get another stamp the officer told me that I can file for N-400. On that time time I was already 4 years married to my husband. So file N-400 based on a 3 years marriage to a US citizen.

I beg to my husband already but he is not willing to come with me at the interview this time. I don't really know what to do anymore.
 
Daisy, then there is nothing to worry because you were married for 4 years and there was no fraud. I think you have a strong case to go forward with your application without him.

I really hope that you can get some legal advice before the interview but in the worst case scenario you should go to the interview alone and explain that you and your husband are dealing with some personal problems and things have gotten so bad that he has refused to join you at the interview. You can say that in his anger he has left home for a few days. I think most likely your I-751 will be approved. Technically your N-400 cannot be approved if you are not living with your spouse at the time of interview but presence of spouse at interview for N-400 is not required.
 
The danger here is the USCIS felt there might be "marriage fraud" been committed, therefore service has requested 2nd interview and specificly requested your husband to be present. It will be a suicide mission by going forward to have the interview and knowing you have no husband's cooperation. in fact, since you have never removed yuor "condition" on your GC, if service did determine there was any "marriage fraud", your GC status will be revoked, an NTA wil be issued to you for removal.

That is why it is important to consult an experienced immgration lawyer under your special circumstance.
 
Your I-751 should be fine as you stayed married for at least two years. N-400 is another story and it will probably be denied. You can ask them to reschedule the interview and consult with an attorney. There is no point in just not showing up for the interview.
 
To del0175

Yes when I applied for N-400 I was already 4 years married to him, and we are now 8 years married. My applications was pending so long due to name check. A sent them all the documents they needed, joint accounts and everything since weve together 2001.

thank you so much for your help
 
To citizentobehz

I sent them all the documents that they needed, all the joing accounts and everything since 2001 till 2008, i hope they don't think that it was fraud. If i will get a letter of removal can I appel it?

Do you know any attorney that i can ask over the phone?
 
daisy_7808 said:
To citizentobehz

I sent them all the documents that they needed, all the joing accounts and everything since 2001 till 2008, i hope they don't think that it was fraud. If i will get a letter of removal can I appel it?

Do you know any attorney that i can ask over the phone?
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Hope you don't have to get that far. If you did get NTA (Notice To Appear), you will have to present your case to Immigration Judge. As for the lawyer, the best way to do is to seach thorugh yur local phone books, they are the one normally had best resource and experiences in dealing with the local USCIS office and cases.

Best wishes.
 
Daisy,
A few things first: 1. Post your timeline,like the months, dates so people can know the full details of your case before responding.
2. Are you in the middle of separating? Or divorced?

What you can do is go to the appt next week by yourself to find out what exactly they want. If they ask about your spouse you will have to say he is living in another state and couldn't make it due to the short notice. All this works if you are still married.

If you are divorced then there is a chance of denial. But this won't be held against you and you can apply later on under the 5 yr rule that most people here have used successfully!
 
Last edited by a moderator:
daisy, you should not worry about deportation. You marriage was not a fraud so there is nothing to worry about. You will appeal and win or go to court and win, there is no doubt about it. I'd go to the interview and explained the situation as it seems your spouse is not willing to cooperate. More likely they need further explanations for N-400 as it's required by uscis regulations to stay married until naturalization date to get a citizenship.
 
My Timeline:
Sent I-751 App: Nov. 2002
Sent N400 App while I-751 pending: June 2005
Finger print: July 2005
Recieved Interview letter for Nov. 2005
Recieved cancellation letter due to name check: Oct. 2005
Another finger print: January 2008
Appointment interview for I-751 and N-400: April 2008
Sent Documents needed: April 2008
Recieved another interview letter with husband: July 22, 2008

We just got separated 2 weeks ago, husband moved to different state and is not willing to cooperate anymore. What should I do?
 
daisy_7808 said:
What should I do? My interview is next week, on Tuesday and I don't really know what to do? Should I cancel the appointment or should I still show up to the interview? Can I still withdraw my application or is it too late for me to do it now? Do I get deported if I don't show up? Please help me, I only have 5 days left before the appointment and I don't know what to do right now.

If I will file for a waiver, how can I do it if I'm not yet divorce?

Thanks!
Click to expand...


I don't know what you are talking about withdrawing of your application or not showing up at the interview, because in either situations you will be asked to leave the country. Naturalization application can be withdrawn but not the I-751 because I-751 must need to be filed and approved in order for you to stay in this country. You have been on conditional green card so far, so if I-751 doesn't get approved, you will lose right away whatever conditional green card given to you and will be subjected to depart the country immediately. So, there is no such thing of withdrawing of I-751.

As for not showing up then the impact would be the same which is described above. Your application would be denied or administravely closed for not showing up. And then a letter will be issued to you to depart the country right away. Failure to depart, will subject your detention and placing on deportation proceeding in front of Immigration judge.

You are in a mess now. There is no way in this world your N-400 would get approved now if officer would come to know that you and your husband are separated now. So, if you wish your N-400 to be processed, then make sure to take your husband to the interview...one way or another. As for I-751, then you might still have a shot. How?? Postpone your interview and reschedule it for another time. Meanwhile, try to get divorce as soon as possible...at least before the next schuduled date. Then go to the interview and request to remove the condition on your green card based upon the section of the law that states that you married in a good faith with your husband but marriage ended...but then you must need to take all the documentary proofs to prove that you had real marriage, and you say that you do have tons of documents to prove it. So I don't see any problem here. Just make sure to make as many documentary proofs to show that you shared a married life with your husband, in addition to arranging two sworn affadavits from people who know about your marriage...

You have a very good chance to get approved this way. But it's very important to postpone this upcoming interview by going personally to the local INS office (even on the date of interview) and request to reschedule it. Make sure to take a stamp from them on a copy of your reqest of rescheduling so that you could have a proof to prove that you did make such a request. And then, make sure to take divorce before going to next interview. And you don't need to say anything about your rocky marriage or separation on the request for rescheduling.

If someone it's possible for you to make a peace with your hubby even just for a few days so that he could come over here to go with you to the interview, you could avoid all the hassel and become a US citizen. Even though he has gone to another state, so what?? He can fly here to be with you at the interview. Pay for his airfare. But if you think that there is no way he would go with you to the interview then you don't have any other option that what I told you earlier unless you have documentary proofs to prove that he was an abusive husband during the marriage. Try to convince your husband first, one way or another.....

Good luck...
 
I think the best thing she can do now is re-schedule the interview and then workout a deal with that dickhead or consult a lawyer.
 
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