Ohh ... I am in trouble... citizenship and divorce... need opinions.

R

RACAPACAVZ

New Member
Hello all.
Been married for 6 years, american wife. Got conditional resident status on 2001. Decided to apply for citizenship on Janaury 2004. Exactly 3 years and 4 months after became resident and still married to my wife.

October 2004, after many problems we decided to divorce. this are all the dates:

apply for citizenship January 2004.

Fingerprints March 2004.

Wife decided to divorce me November 2004.

Divorce final on March 2005.

Got letter for interview on April 2005.

Interview for citezenship on June 2005.

I don't know what to do, should cancel my application and wait two more years, if so, how to do that?

If not, are all basis for my appliaction gone?
any opinion will be appreciated. BEFORE, I go to spend my hard earned saving on a lawyer. thanks.
 
Racapacavz

Having been filed N-400 under 3 yrs rule being married to a USC, you MUST STILL need to be married and living together with your USC spouse until a decision is made on your N-400. That said, your N-400 will definately be denied without a doubt since you are no longer eligible under the eligiblity you filed your N-400 under. Some people who were in your situation have lied to USCIS that they were still married since presence of USC spouse is not required at the time of N-400, and their citizenship application was even approved too. But they were all stripped out of their citizenship at later time since this lie always comes out, one way or another. Now they cannot file for citizenship until 5 more years because they need to show a good moral character from all over for another 5 yrs which they cannot show as of now since lying to govt. is considered a very bad character. And having a good moral character is a prime requirement for naturalization.

Now, you should write a letter to your local USCIS office wherein the interview would be conducted about withdrawing of your application. You don't need to give any reason for withdrawal, but if you wish then you may say that because of unforseen reason, you have decided to withdraw your application. That is. USCIS love when someone withdraws his/her application/petition since they feel ease towards the burden of workload then. But make sure to send the request with a certified mail. Your application would be denied anyway if you don't show up at the interview, but it is better to withdraw than they deny it for not showing up. Denying comes with a stigma.

You can refile it once you will complete 4 yrs and 9 months after obtaining a green card. This pending application or withdrawal of it won't cause any problem during that time.
 
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Count your time!

It seems that if you do the math, your interview in june should be 4 years & 9 months after you got Conditional residence status.....
Could it be that you would be accepted as having fulfilled the time required?
I understand that your N-400 was based on marriage.....but Time-wise it might still work......find out b4 you make a decision to withdraw...
I might be way off, but this is just my 2 cents.

Leyda.
 
JoeF said:
That won't be enough. The 4 years & 9 months (actually 5 years - 90 days) allows a person to apply for citizenship. The person would still only be eligible for citizenship after 5 years of continuous residence.
Click to expand...

How about requesting to postpone the interview? Just a thought....to meet the 5 year residency?
 
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