Seperation during N400 process

Bobsmyth said:
Being married is not the same as martial union for immigration purposes. A couple undergoing an informal separation (cooling off period) are obviously married but their martial union may still be deemed to have been broken according to immigration law.
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Bobbysmyth-ji - We are both as straight as a noodle , or a 'jalebi' :)
Parse my posting correctly and see if it creates any issues for the O.P, since he will be under oath. I have heard people say that they were working out issues with their spouse if probed further. 'Technically' he can say that 'I am married'. I have seen cases been approved that would have never made it, if the immigration rules were applied according to the book.
 
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If the applicant is married to a U.S. citizen (USC), the residency requirement is reduced to 3 years if the spouse has been a USC for 3 years and the parties have been living in “marital union” at the time of filing the application for three years. See INA §319(a). The regulations, however, require the three years of “marital union” preceding the date of examination on the application, which goes beyond the filing date. 8 C.F.R. § 319.1(a)(3). Divorce, legal separation, expatriation or death would break the “marital union” requirement. 8 C.F.R. § 319.1(b)(2)(i).
 
sai-2367 said:
Bobbysmyth-ji - We are both as straight as a noodle , or a 'jalebi' :)
Parse my posting correctly and see if it creates any issues for the O.P, since he will be under oath. I have heard people say that they were working out issues with their spouse if probed further. 'Technically' he can say that 'I am married'. I have seen cases been approved that would have never made it, if the immigration rules were applied according to the book.
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Most applicants are not aware of immigration laws. If an IO asks if you are still married (even if you are separated), answering yes would be correct. If the issue is not pursued further, then the applicant would get approved on the basis of still being married.

IMO, the problem lies in the way some IOs approach the notion of martial union. Simply asking "are you married" does not fulfill the legal requirements of a martial union as defined in immigration law. On the other hand, divulging more information that was asked for can lead an applicant into more trouble. For example, if the IO asks "are you still married" and you answer yes, but she is living apart because she intends to file a divorce would likely get you denied. Lesson learned: don't divulge more than you are asked about and keep answers straight and to the point.
 
Bobsmyth said:
Lesson learned: don't divulge more than you are asked about and keep answers straight and to the point.
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Exactly! I too was merely asked if I was still married...end of story.

And yes, the story of the person not bringing their green card..well the letter specifically states to bring it and they are not being "denied", they are being told to return. That is a far cry from someone getting "denied" because of what they marked on their oath form.
 
Bobsmyth said:
Most applicants are not aware of immigration laws. If an IO asks if you are still married (even if you are separated), answering yes would be correct. If the issue is not pursued further, then the applicant would get approved on the basis of still being married.

IMO, the problem lies in the way some IOs approach the notion of martial union. Simply asking "are you married" does not fulfill the legal requirements of a martial union as defined in immigration law. On the other hand, divulging more information that was asked for can lead an applicant into more trouble. For example, if the IO asks "are you still married" and you answer yes, but she is living apart because she intends to file a divorce would likely get you denied. Lesson learned: don't divulge more than you are asked about and keep answers straight and to the point.
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Agreed :) Answer to the point !
 
rorya said:
Exactly! I too was merely asked if I was still married...end of story.

And yes, the story of the person not bringing their green card..well the letter specifically states to bring it and they are not being "denied", they are being told to return. That is a far cry from someone getting "denied" because of what they marked on their oath form.
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Please check my earlier post. It all depends on the IO or the staff members !
 
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