Wildandcrazy0525

Back in July 2007 I sent of the N400 based on marriage (3years) app just prior to the rates going up. Receipt was received, Cheque cashed, Notice for Fingerprints received and done and then it was just a case of sit back, relax and wait till the interviw.... or so I thought!

I never heard a thing after that. In August 2008, I called the disinformation line for a status update as the app was by then over a year in. Customer service reps opened a case for me to find out what was happening.

6 weeks later I received a letter advising that the app had been "Administrativly Closed", which immeadiatly prompted me to make an infopass appt in Philadelphia.

When at the appointment,I was advised that I needed to write a letter requesting the case be reopened,which I did there in the office. Was advised that it could take up to 3 months for the case to come back from central storage (had been dispatched from the Philly office 3 days prior to the infopas) and then a short while later I should hear more from them (aka the interview).

Foeward on to last Friday,when my wife decided that she was leaving me for another man. which it turns out she has been dating / talking to online / in person for the past 3-4 months. Man do I feel stupid... along with all the other feelings that you'd naturally expect, cause the signs were there but I didn't see them

No divorce papers have been filed yet, I'm letting her file cause she left (well that's the current plan, but the more I find out, the more I am tempted to fine anyway and get the ball rolling.

Under DE law, you have to be seperated for 6 months prior to divorce.

Where does this leave me with the Citzenship app? Does it mean that I will have to abandon the app and apply again after I've been a LPR for 5 years? (April 2009) or what are the options.

Completly confused about this, never thought this would happen, so have never looked into the process should this happen during the application process. That and it's pretty unusual circumstances given that they closed the application (still don't know why they did but hey that's life and water under the bridge).

Please help.

Graham

Noorah101

The problem I see is that you will still need to be in an ongoing, valid marriage at the time of both your interview and oath ceremony. If you guys are separated, and divorce paperwork has been filed, I doubt that you still qualify based on the 3-year rule.

Maybe you can see if your wife will just hold off taking any action until after you become a USC (although I can certainly understand YOU not wanting to stay with her under these circumstances).

Worse comes to worse, you lose out on this application, and can re-apply next April...that's not too long of a wait. Just means paying another filing fee.

Best Wishes,
Rene

Wildandcrazy0525

Yeah I was worried that it might be like that..... She wants to file as soon as, which is complicated further by the fact that she (and he grrr) are in KY, and to be honest, the less contact I have with her the better if that makes sense.

Graham

Rete

Well if you don't hear from the USCIS for an interview until after your 5 years occurs (April 2009) then you are in the clear. In fact you might well be in the clear 90 days prior to that date since you would have been eligible to file at that time based on 5 years PR status less 90 days.

Suggest you spend $100 and have a consultation interview with an immigration attorney.

ian-mstm

All else being equal, it sounds as though it'd be easier if you simply refile when you qualify under the 5-year rule.

Now, you might want to hold off on that application... because divorce does not relieve your wife of her financial obligation under the I-864! So you may want to soak her a bit for funds - y'know, just for fun! Even better, she might get the other guy to pay!

Ian

Bluegrass Lass

You said the same thing yesterday in another thread! You are on such a vindictive streak...but yeah, you'd better believe I'd be thinking along these lines if I was the OP.

Wildandcrazy0525

I've always liked you Ian... Now I know why!!

ian-mstm

I have to get in my quota of meanness before the new year starts... and I'm waaaaay behind!

Ian

Wildandcrazy0525

trust me, it's been real hard to stay as civil as I've been, it was even harder to type the original post without really saying what I was thinking :-)

Rete

If the interview is not until April 2009 or the time period 90 days before, why would he have to refile?

Bluegrass Lass

I can imagine. Sorry it was one of my redneck homeboys here in KY that stole your woman. Tell me where they are, and I'll go box some ears for ya.

meauxna

I think this won't work if the original application is made as a waiver/special exception (the spouse 3 years route).. you can't just wait 5 years and then say 'oh well make it a solo application and I've got the 5 years now'. I recall that it needs to be a fresh, correct application.

ian-mstm

Something about "living together" and "viable marriage" spring to mind. If separated, which he seems to be, there is no basis for an N-400 application based on the marriage. Call me silly, but it just seems easier to refile based on 5-years as a PR than deal with the complications that may (or, to be fair, may not) complicate things.

Ian

Rete

Easier, yes. More expensive, yes. But since he would not be married and had been a PR for five years, I don't see that it cannot be converted to a normal application for citizenship. Don't see where the complications would be as the price is the same regardless the only difference is proving good character for 5 years instead of 3 years.

And I've never heard of any case where this had been done, while Meauxna might have in other forums.

That is why I suggested a consultation with an immigration attorney.

Folinskyinla

Hi:

Excellent question. I will have to say the law is not crystal clear. A reasonable argument can be made that you could continue with the present application based upon the language of the Immigration & Nationality Act provided you are still technically married on the date of swearing in.

That said, the implementing regulation muddy up the waters. 8 CFR 319.1(b)(2) on "loss of marital union" http://www.uscis.gov/propub/ProPubVA...e70cab6366e0da would show that CIS will not allow you to continue with the current application.

Given the time frame, my feeling is that it is better to "not fight City Hall" and refile when the time comes.