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  • GC to Citizenship

    I would appreciate any comments on the following matter:
    I married a US citizen; we had 100 people or more on our wedding ceremony, lots of pictures. We had our honey moon soon after and one year later we travelled to my birth country so she could meet the rest of my family. We stayed together for about 15 months (not really sure). My ex-wife and I separated, and started the divorce proceedings. Before our divorce was finalized we had to submit my application to remove my conditional status. Even though the divorce proceedings had already started, we file the form jointly, so not to wait and file for an “extension” for not being able to file within 90 days before conditional residence expired, then file a waiver. We filled the form jointly, about 4 months later the divorce was finalized, and a couple of months after that I received my 10 year green card. I am now on the process of applying for my citizenship, I have already filled the form, was finger printed, and am now waiting for my interview.
    My question is whether the fact above could have any negative influence on this final process?

    Thanks in advance.

  • #2
    You filed I-751 to remove conditions jointly and the divorce was finalized before the I-751 was approved. You are in big trouble. That 10 year GC was approved on the wrong basis. You should have sent a new I-751 as soon as the divorce was final.

    What you did (or failed to do) by action or ignorance, was obtaining a 10 year GC fraudulently! It will come to light when you fill out the n-400... Get a lawyer!
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

    Comment


    • #3
      Originally posted by PraetorianXI
      You filed I-751 to remove conditions jointly and the divorce was finalized before the I-751 was approved. You are in big trouble. That 10 year GC was approved on the wrong basis. You should have sent a new I-751 as soon as the divorce was final.

      What you did (or failed to do) by action or ignorance, was obtaining a 10 year GC fraudulently! It will come to light when you fill out the n-400... Get a lawyer!
      Thanks for the reply. I spoke to a lawyer yesterday, and she said that I am ok as long as the I-751 was filled before the divorce was finalized, which is the case. The form was filled before the divorce was finalized but I received the GC afterwards.

      Anybody else could comment on that?

      Comment


      • #4
        Originally posted by r32
        Thanks for the reply. I spoke to a lawyer yesterday, and she said that I am ok as long as the I-751 was filled before the divorce was finalized, which is the case. The form was filled before the divorce was finalized but I received the GC afterwards.

        Anybody else could comment on that?
        This lawyer LIED to you.

        You MUST file an I-751 after the divorce is finalized (even if you filed one jointly before during the appropriate time window) before it is approved.

        Your failure to do so, will be construed as fraud. Your GC was approved on the wrong basis. You had plenty of time to file for a I-751 waiver...
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

        Comment


        • #5
          Originally posted by PraetorianXI
          This lawyer LIED to you.

          You MUST file an I-751 after the divorce is finalized (even if you filed one jointly before during the appropriate time window) before it is approved.

          Your failure to do so, will be construed as fraud. Your GC was approved on the wrong basis. You had plenty of time to file for a I-751 waiver...
          Thanks for your help. Could you please tell me what my options are? I have entered in marriage with good faith. I have three income taxes filled together, family counseling receipts, car receipt we bought together, pictures of the wedding with lots of people, reception, honney moon, vacation to my birth country....

          I am not going to withdraw this application because now that I know that I could've possibly done something wrong (not knowning) I will not be able to rest my conscience.

          What could happen at the time of the interview? Can I be arrested on spot? Deported on spot? Have chance to file any paper work that is due?

          Any comment is very much appreciated.

          Comment


          • #6
            Your citizenship CAN NOT be approved. Because your conditions were removed unlawfully/fraudently (even if it was by ignorance)...

            You need a REALLY good lawyer to help you figure this out. I am not sure what you can do...

            How long have you been a resident? I ask because, I want to make sure you are filing after 5 years (since you divorced).
            Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

            Comment


            • #7
              Originally posted by PraetorianXI
              Your citizenship CAN NOT be approved. Because your conditions were removed unlawfully/fraudently (even if it was by ignorance)...

              You need a REALLY good lawyer to help you figure this out. I am not sure what you can do...

              How long have you been a resident? I ask because, I want to make sure you are filing after 5 years (since you divorced).
              Little over 5 years. I don't think you can use the word "fraud" if it was an act of misinformation (or ignorance as you have stated). Definition of fraud:

              "intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right b: an act of deceiving or misrepresenting : trick
              2 a: a person who is not what he or she pretends to be : impostor; also : one who defrauds : cheat b: one that is not what it seems or is represented to be. http://www.merriam-webster.com/dictionary/fraud"

              Comment


              • #8
                Originally posted by r32
                Little over 5 years. I don't think you can use the word "fraud" if it was an act of misinformation (or ignorance as you have stated). Definition of fraud:

                "intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right b: an act of deceiving or misrepresenting : trick
                2 a: a person who is not what he or she pretends to be : impostor; also : one who defrauds : cheat b: one that is not what it seems or is represented to be. http://www.merriam-webster.com/dictionary/fraud"
                Google USCIS' definition if you must, that is the one I would be concerned about.

                Either way, by ignorance or action, your GC was approved on the wrong basis.
                Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

                Comment

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