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am I eligible for N400?

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  • am I eligible for N400?

    Hi there, and thanks in advance fore the advice.

    I have a permanent resident card for 10 years, expires 2021. and I got on the basis of marriage to a US citizen. Here is the time line.
    6/2009 received conditional green card
    7/2011 received permanent green card

    However, before I receive the permanent one, things started to go down between the both of us. I was keen to keep in the relationship, but she had some other plans. We started separation (and I said started, cause she used to leave and come back, in 6/2011, before I get the permanent card). during 2012, I wanted to talk things out and get a solution, but she kept leaving and coming back. so I had to talk with my family in law in order to convince her that we can set for therapy of something, but it turned out she wasn't living with her parents either. And they only contact her by email. She didn't want to disclose where she lives even to her family. in early 2012 she filed divorce in her home state. But even though, I didn't lose hope and finally convinced her at least to talk, and she wanted filed to cancel the divorce. But later on, I found her amending the first divorce and going to the end with it. Later on, I received a notice from court that divorce wasn't granted cause she wasn't a resident in her home state for 90 days. However, she filed again, but didn't follow up on the case and disappeared. I couldn't know where she is, nor her family. That thing took me all 2012. Now in the beginning of 2013 I heard from her parents she moved to canada and got married. I was surprised, but obviously she totally moved on. So I decided its the time to move on too. I filed for divorce by publication since I don't know her address in canada. And we are officially divorced in march 2013.

    technically speaking we have been married for from before 6/2009 to 3/013. I am eligible for N400? I entered that marriage on good faith and even have all evidence with me. even though she wasn't be able to get pregnant cause of her disease. I got her an appointment with a doctor trying to treat her condition, but it just didn't work.

    Now in case I am not eligible for N400 now? will USCIS treat my case as fraud? See, I am not gonna swear by God, cause I know my intentions are clean and have faith in myself, plus all the evidence suggests that. So Please be kind to reply ith insightful response.

    Thanks again!

  • #2
    Yeah , you should be able to since you guys were married for over 3 years ....shes the one that left so you shouldnt have to pay for her mistakes

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    • #3
      Originally posted by kawa0707 View Post
      Yeah , you should be able to since you guys were married for over 3 years ....shes the one that left so you shouldnt have to pay for her mistakes
      kawa0707: I hope so, but we used to be married for over 3 years, we aren't longer married. per my understanding, at the time of N400 application, the applicant should be married to the US spouse though which he was granted a green card from the beginning. If I am wrong, could someone please correct me?

      Thanks again!!

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      • #4
        Originally posted by kawa0707 View Post
        Yeah , you should be able to since you guys were married for over 3 years ....shes the one that left so you shouldnt have to pay for her mistakes
        Here are the details:

        I was reading the N400 instruction on the USCIS site. Here what it says:

        1. a LPR for at least 3 years, at least 18 years old,
        AND
        2. Been married to and living with the same US citizen for the last 3 years
        AND
        3. Your spouse has been a US citizen for the last 3 years.

        Well, we got married in 1/2009
        conditional green card received in 6/2009
        Permanent green card received in 7/2011
        Divorce by publication (cause spouse left with unknown forwarding address) in Chicago 3/2013.

        Technically specking, I think that #1,2 and 3 apply to me.

        What do you think? If so, what are the odds I get approved if I applied for N400 now?

        Thanks in advance!!

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        • #5
          Any updates since then !! Wish you the best

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