To apply or not to apply for Citizenship ??

[Falcyon]

Hi Everyone,
here's the details of my I-485/I-130 Case

Married USC - June 2003
Filed AOS - Aug 2003
Had AOS interview - Nov 2005 - no GC on spot due to namecheck delay
Received I-551 Stamp - Aug 2006 (needed due to emergency medical travel)
Received 10 year GC by postal mail - Sept 2006
Approval date on 10-yr GC - Mar 2006
Divorce Date - Dec 2006


Is it recommened to file N-400 application or stay on GC.

Exactly one year after I had my AOS interview, we had divorced. However, even if the GC has validity date starting from Mar 2006, I did not receive the card in mail until september 2006.

During I-551 temporary stamping in Aug 2006 due to urgent travel
needs, I was asked by USCIS officer if "you are still married to the same USC". I replied "yes" to that question as we were still married then. I was reminded that "by penulty of perjury if i am lieing, i can be denied immigration benefit later or something". The divorce proceedings were initiated a month ago from the I-551 stamp date and I wasn't sure USCIS knew anything about it. The final divorce decree arrived in Dec 2006. To my understanding, the date on decree decides the divorce date, not applying for it.

I don't really think that I lied to the USCIS officer and I believe that the law
says that I need to remain married for 2+ years with the USC for LPR status, which was 3 years in my case. But I don't really know how USCIS thinks about it.

Now,i was planning to apply for N-400 in next few months based on the 5-year rule. Since my divorce was finalized within next 7 months of getting the GC and just around an year after having the AOS interview, do I run the risk of jeopardizing my GC if I apply for citizenship. Have asked few lawyers around here and have heard conflicting responses and so am still very confused. Will really appreciate if anyone knows a situation something to mine.

Thanks
Shon

[cbenhum]

To apply or not to apply for Citizenship ??

Hello,

I had the same situation but let me share you my experience and hopeful it helps you to take the decision.


I got Married on 02/2003 with a US citizen then applied for GC on 05/ 2005, I got my GC on 08/2005 for 5 years
and not 2 years that most of the people get it (conditional). I asked to a lawyer and I was told that at the time
of the interview USCIS checked that i had already married for more than two years so they decided to give me
the GC not conditionally. Having said that!!

I filed for divorce on 10/2006 and I got the final resolution on 07/2007, you need to understand that no
matter what, you still married until you get the final resolution from the judged. so clearing up your doubts
yes the decree decides the divorce date..

I had the same fear that you have, should I apply or not?? can i lose my GC or not?? and to make matters
worst I got married again with a not US citizen on 12/2007.

I got a lawyer to draw all the paperwork for me, she was pricey but it worth to pay for her services.

Finally we submitted the N400 back on 05/2010, I had a newborn baby on 06/2010 (which is a US Citizen but my
wife is not), and I just had my Interview on 08/20/2010. I paid to the lawyer to come with me to the
interview process. During the interview the officer never asked how I got my GC, i told him that I had been
married before and that's it, and he asked me if i got married again, i told him yes and I have a newborn baby, and
they lived in Mexico. OK he said... Where do you live? where do you work? it was an easy interview
probably in part because my lawyer it was with me, i don't know...

I passed my interview and the officer said that he is going to recommend me for being a citizen, that I'm not
a citizen yet but the lawyer told me that is 100 % secure that I will get a letter with the oath date.

My fear was that the officer had said that I wanted to be citizen to bring my second wife to the country,
when I had gained my GC throug a marriage with a US citizenship. But it wasn't a problem!!!

As you see we have similar case but I think mine was even more complex, so if you want to save $ 2000dlls
take my experience as guideline... but if you want to feel more relax and not suffering during your interview
get a lawyer to go with you....


at this point in time I'm waiting for the oath letter....

good luck and keep posted your experience.


rgds

CB

[Falcyon]

To apply or not to apply for Citizenship ??

Thanks a bunch CB for the detailed reply and congratulations on being a USC.

I can't believe your case is so very similar to mine.....After my divorce with the USC on dec 2006, I re-married a non-USC (canadian citizen) in canada in june 2007. I have since then, two boys aged 3+ and 1+ living with me now.

So, following your case, i understood that the Citizenship interview does not really focus on AOS. So I should be okay....will solicit advise of some of the prominent immigration lawyers as well prior to filing. My canadian wife and son have also overstayed their tourist visas and I also need to file for their AOS once I become a citizen myself.

Thanks again for detailing your case.
Shon