N400 interview next April 10 and divorce dismissed
 

Hi,

My Naturalization interview is coming up next April 2009;

I filed for the N400 last sept 2008 ;
My wife (US citizen) filed for divorce last Jan 2009 but now wants to dismiss the petition for divorce; we actually still live together in a marital union

The divorce is currently awaiting a court date; how is a dismissal done?
Do I need to show at the interview dismissal paperwork? My wife tmorrow will call her law office to tell to stop the divorce proceedings: will they give her some written evidence?

In another forum I've been suggested at the intervoew to disclose voluntarely that my wife filed for divorce and then withdraw it so I will avoid any misrepresentation (that leads to revoke your immigration benefit and also deportation)

They also said that there are chances that they will need evidence of true reconciliation;
They may also interview her (but she will be in Europe traveling) or need a written letter
From her saying we have reconciled,

Now for me this dig-into-my-case scenario is kind of scary, what if they put my case on hold?

pls advice on this complicated situation

Thank you a lot

Re: N400 interview next April 10 and divorce dismissed
 

I don't know for sure, but my husband's N-400 interview was today. When we got to the window to turn in his appointment letter, the lady there handed him a sheet of paper which said "you will be asked these questions today", and it was a list questions asking if anything about your situation has changed since filing the N-400. One of the quesitons was "if you are basing your N-400 on 3 years of marriage to a USC, are you currently married to and living with the same USC spouse?"

I believe your answer to that question is a simple "yes", with no other explanation necessary. That's my layman's opinion. Peoples lives go up and down, but what counts is how you and your wife are on the day you go for your interview.

Rene

Re: N400 interview next April 10 and divorce dismissed
 

Hi Rene,

Thank you for your reply;

We need to distinguish between:
"Questions asking if anything has changed after you filed"
(Yes something changed, a divorce was filed then withdrawn)
And

"One of the questions was if you are still married and still living with the same person"
(The answer is yes)

Do you remember this list of questions asking: "did something changed after you filed N400?"

Do you remember any other marital question?

This is fundamental: if I don't disclose the divorce information I may be responsible of
Misrepresentation even if at the day of the interview we r happy together (but she will be in Europe)

Well congrats for your succesful interview

Re: N400 interview next April 10 and divorce dismissed
 

The absolute *worst* that will happen, is that you remain a PR, and have to wait 2 more years to file for naturalization. You will not lose any immigration benefits, and you most certaintly won't be deported!


If you're still unsure about the whole marriage thing, then at your interview *you* request to withdraw the application because the marriage is on shaky ground. You *are* allowed to do this, and there will be *no* problems down the road if you do. This avoids having to deal with any misrepresentations. Two years from now, you file again based on 5 years as a PR... and your marriage will not even enter into the equation.


It's only complicated if *you* make it complicated.

Ian

Re: N400 interview next April 10 and divorce dismissed
 

I personally disagree that this is a change. It is something that happened DURING the time you were waiting to hear of your appointment date, right? But as far as how you and your wife are together, nothing has changed from the date you filed the N-400 (happily married and living in marital union), and the date you will appear for the interview (happily married and living in marital union). The question doesn't ask, did anything happen during the past X number of weeks you've been waiting? It asks if your situation today (the date of the interview) is different than your situation on the date you filed the N-400.

The only marital quesitons they asked Sadegh were regarding my name, birthdate, our anniversary, just confirming into on the N-400. They did not ask him any specific questions about our marriage, and didn't ask to see any evidence. Of course your mileage may vary.

I am of the opinion that you should never volunteer information without being specifically asked. If the officer knows something and wants more info, he will ask. Then you can give details. Again, that's MY opinion.

Rene

Re: N400 interview next April 10 and divorce dismissed
 

Hi ian

Thank you for your reply,

You are right, I should check the status of my marriage at the date of the interview and show up anyway to withdraw or to try to pass disclosing (or undisclosing voluntrely unasked questions)

Today my wife will call the law office that is handling the divorce: I don't know if she is willing to file a dismissal or just to postpone the divorce; I know a dismissal would be better cos ill have a written document to show to the IO;
For a dismissal the lawyer has to file a dismissal request to the Court and the court has to accept it

For a postpone I don't know if ill have a written document
And will be a lot more difficult at the interview to show the IO she "postponed it"

I really hope she will consider a full dismissal otherwise I get at the interview very nervous,,,,

What is your opinion on this?

Re: N400 interview next April 10 and divorce dismissed
 

I'm not Ian, but my opinion is that a dismissal would work well for you. A postponment will be really bad, because it means a divorce is currently in the works, and is going to happen, yet you are showing up for an interview claiming that you and your wife are in an ongoing viable marriage. It makes it look as if you're just staying married long enough to get citizenship, then go through with the divorce. I would say if you are faced with having to show a divorce is only postponed, you might want to withdraw your N-400 application.

Rene

Re: N400 interview next April 10 and divorce dismissed
 

Since you ask, I think you are confusing two distinct and separate issues... the (possible) divorce and your naturalization. While one has some small bearing on the other, they are, in fact, not related.

I'll make this as clear as I can. If you want to get divorced... go ahead and get divorced. If you don't want to get divorced, don't. But whatever else happens, do *not* base your decision on something your wife may or may not do to make things easier for you with immigration... it could severely backfire in your face!

If you want to naturalize with *no* issues whatsoever, go to the interview and tell the officer that you'd like to withdraw the application. Then... you wait 2 years and reapply. No marriage issues... no divorce issues... no dismissal issues... no postponement issues... *YOU* remain in control of your own destiny.

You will probably also sleep better at night! :)

Ian

Re: N400 interview next April 10 and divorce dismissed
 

Thank you Rene and Ian thank you for your reponses right at the point

I am getting paranoid about this first because I spend 685 $ for filing and second because I was very close to have the immigration journey done and over....

I just checked the divorce paper and on top right there is a hand-written case # and a filing date so there is a record in Court I believe.

Now I think is up to my wife to file either for:

- a dismissal (cost around 125$ and then the cost to refile for divorce); with a dismissal I can gave a paper I can show the immigration officer and show them my marriage is ok;
The rthing is my wife is leaving for Europe next April 04 for 3 weeks;
I hope I can have a dismissal file recorded and evidence in my hand by April;
Do you think a dismissal is possible in 3 weeks?

- a postpone of the divorce: but it will not help me much
Because, like you suggested, what am I going to say to the immigration officer?: she postponed so I can have my citizenship straighten..I better withdraw

I will not get too worried about this citizenship, it just hurt that I filed for N400 and waited and paid all
For nothing

Re: N400 interview next April 10 and divorce dismissed
 

Make that $675.

I find this part confusing. She would file for a dismissal of the divorce....but refile for a divorce later?? That definitely sounds as if you're just staying married to get you through the citizenship phase. When you first mentioned a dismissal, I assumed you guys had worked things out and want to STAY married forever. She would file for the dismissal, and then the subject of divorce was over. But this piece makes it sound like the dismissal would just be temporary. Not good for your N-400 application.

Rene

Re: N400 interview next April 10 and divorce dismissed
 

What I meant was only a cost analysis; of course I hope we will happy for ever

The possible cost-consequences of a dismissal will be the cost for filing for a dismissal + IN CASE my wife will feel unhappy again (who knows? Maybe in 5 years or so she may do it again and file for divorce behind my back. Out of the blu) the cost to refile for divorce;

Re: N400 interview next April 10 and divorce dismissed
 

Hi Rene,

im sorry i did not explained myself well,

do you know how long a dismissal will take? i know the law office handling the case has to file a motion to dismiss in Court and the Court has to grant it;
My wife will be leaving to Europe next 4 April returning April 30 and ,and the interview is April 20: do you think by the day she will leave i will be able to
obtain some paperwork from her law office?

i ve also heard that a divorce can be put on hold or "abate"; i report here words of a poster :"An abatement of proceedings is different than a dismissal. A dismissal cancels the divorce action entirely. An abatement puts it on hold."
is this abatement the same as postpone it?

pls advice rene

thank you
__________________

Re: N400 interview next April 10 and divorce dismissed
 

I'm sorry peppino, I really have no idea about these questions. They are related to your divorce, not immigration.

Rene

n400 stipulation of discontinuation of divorce
 

Hi,

After filing for N400 last jan my wife (usc) filed for divorce on Jan 2008;
Now we reconciled and we agreed to sign a STIPULATION of discontinuance: this will (the law office say) withdraw the divorce originally filed:

Is this true: a petition of discontinuation will withdraw
For good the divorce paper?

In this case should I explain the all story to the immigration officer that will interview me?

I know this may be a divorce question matter but I've nowhere else to ask;
Some people here already know my case;


Pls share your opinion
Thank you

Re: n400 stipulation of discontinuation of divorce
 

Do you have reason to doubt what the law office says? You can always get another legal opinion, if you are doubting this lawyer's word.

I suggest just answering the specific questions asked of you at the interview. If the officer never asks whether you've filed for a divorce and then reconciled (while waiting for the N-400 to process), then I see no reason to volunteer that information. Just my layman's opinion.

Rene