Separated from wife

S

SKMEHTA

Registered Users (C)
Hi All,

My wife got the green card thru my employment. We separated 2 years ago. She filed divorce case on me using "Cruel and Abusive Behaviour" ground. She used this ground just to fetch more money from me. There are no evidence or witnesses to prove it. And this allegation is not true at all. I have several people to testify who could prove her wrong.

I am paying temporary Alimony to her. Our divorce is not final yet. We did not have any children born. She is healthy and able to work.

Could there be any impact of this on my N-400 application. Can interviewing officer may ask questions about it. While applying I attached all Alimony cancelled checks and court agreement.

Any comment or views is highly appreciated. Please ...
 
without evidence, its one's word against the other.
Such incidents have to be backed up by police reports, third party witness, etc. Such accusations are pretty common in divorce cases, so you should not worry as long as the legal system does not find you guilty.

Just my advice, I am not a legal professional.
 
SKMEHTA said:
Hi All,

My wife got the green card thru my employment. We separated 2 years ago. She filed divorce case on me using "Cruel and Abusive Behaviour" ground. She used this ground just to fetch more money from me. There are no evidence or witnesses to prove it. And this allegation is not true at all. I have several people to testify who could prove her wrong.

I am paying temporary Alimony to her. Our divorce is not final yet. We did not have any children born. She is healthy and able to work.

Could there be any impact of this on my N-400 application. Can interviewing officer may ask questions about it. While applying I attached all Alimony cancelled checks and court agreement.

Any comment or views is highly appreciated. Please ...
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Although i prefer that you consult an immigration lawyer. I can tell you my personal opinion. As long as you are not applying for citizenship based on marriage, then you should be fine, of course you should be prepared to show any documents showing that you have nothing to do with her dirty allegations. I hate wives like that!! they need to get a job lol
Anyway,if you are applying based on employment then you should be fine. and that's my 2 cents.
Good luck.
sOnY
 
I got green card through my employment. She was my dependant so she got it too. Now I have applied N-400 based on 5 years on green card.
 
Skmehta

SKMEHTA said:
I got green card through my employment. She was my dependant so she got it too. Now I have applied N-400 based on 5 years on green card.
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  1. Since you had filed for divorce, it doesn't mean your prospects for Naturalization will be in jeopardy. You will just be fine.
  2. However, if you had NOT paid or ATTEMPTED TO NOT PAY with "mala fide" intentions, the alimony that is due to your wife, then you can be denied for N-400 benefits. Failure to pay alimony is a deportable offense.
  3. If wife had alleged cruelty, is there an underlying "Domestic Violence" charge? Did she obtain TEMPORARY PROTECTION ORDERS (TPO) against you? This kind of order is also known as TEMPORARY RESTRAINING ORDER. Even if she would have obtained one to further her 'case' it will not be a problem, provided you never violated the provisions of the order. This includes not having any weapons, firearms during the duration of TPO and/or not performing any "stalking" and in short just not violating any single provision of the TPO. If so, you are just fine as well.
  4. Divorce is a civil matter. INS knows that. So, don't lose sleep over it. As long as you can prove the "bona fide" reasons behind your original marriage, you don't need to worry about divorce.
  5. Good luck for your naturalization.
 
Thanks Poongunranar,

1. Actually I did not even file the divorce case. She filed on me.

2. I am paying Alimony continuously without missing any week.

3. She has not obtained Temporary Protection Orders or any such thing. She knew she could never get that.

I am keeping all the proof for my innocence including witnesses. My major worry is when a female start talking about cruely and abuse, everyone starts listening.
 
Skmehta

SKMEHTA said:
Thanks Poongunranar,

1. Actually I did not even file the divorce case. She filed on me.

2. I am paying Alimony continuously without missing any week.

3. She has not obtained Temporary Protection Orders or any such thing. She knew she could never get that.

I am keeping all the proof for my innocence including witnesses. My major worry is when a female start talking about cruely and abuse, everyone starts listening.
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Don't worry. I have had sufficient experience in this area and I do know that Family Courts are full of female Judges, yet, they too are aware of how certain females may abuse the good-will and the good-faith clauses. So, the justice of cause need not be buried in the brouhaha of sexism. It may be 'slightly' difficult to endure, but then put up your gown of sangfroid and you will be able to deal with the issues without having to worry about your case. If you have any questions let me know in this thread. Take care.

BTW, getting a TPO is very easy, especially if you are a woman alleging abuse at the hands of your man. So, don't think that it is impossible. In fact, law provides a woman making those allegations to get the TPO ex parte, without having to have the man respond to those allegations. Once TPO is issued a follow-up hearing is scheduled at which time the man can refute the allegations. In the end, almost 99.9% of the TPOs are confirmed in those hearings because of the preponderance of evidence clause that always favors the plaintiff alleging abuse. Chances are close to 100% if it is a woman making those allegations, because women face danger all the time at the hands of men in this country. So, don't kid yourself that this is not possible.
 
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I advise you to keep a distance from your wife , use only mail or emails etc. Documnet everything...do not let your emotions lead you be strong and practical.

have your witnesses write statments refuting her allegations and have them handy just in case you need them with the INS and/or court family.
 
Poongunranar or zzerous, do you guys think that I should hire a lawyer for my N-400 application.
 
SKMEHTA said:
Poongunranar or zzerous, do you guys think that I should hire a lawyer for my N-400 application.
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Yes for the divorce and have her deal with you thru the lawyer....do not get close to her..have everything documnted.
 
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