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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
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Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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Military Marriage and Divorce with N-400 Application

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I am currently serving in the Active Duty Army and I am married to an LPR for almost 4 years now. Our marriage has taken the turn for the worst and i want to move on with my life because she is currently not living with me in my duty station and she cheated on me when i was deployed. She filed for N-400 and is awaiting an interview date, and I do not want to be a part of that anymore so i filed for a divorce under the state of Hawaii, which is a no-fault state. Then she calls me to say to me that she called a bunch of immigration lawyers in NYC and Hawaii and told me that it would have a negative impact on her during the interview and that we would be subject to a fraudulent marriage investigation and ruin my military career and her life also. She warned me that we would pay hefty legal fees left and right that would basically drained everything we worked hard for. She currently is living with now her "fiancee" and that is why i filed for a divorce, i also am trying to move on with my girlfriend which is also in the military. with all the research i have done, i found out that withdrawal from this N-400 application would not impact her in a negative matter. I am under the impression that she will be able to continue her citizenship application as an LPR under the 5 year rule. But i am not sure with all this information that i gathered because it was just from the forums. My main concern here is that are we really going to be subjected to a fraudulent investigation even if I am just trying to move on with my life?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 2 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....Your research is correct. It appears she is just trying to keep you in the marriage so she can get her citizenship based on marriage to you and not have to wait until she has her LPR for 5 years. There is no basis for there to be a fraud investigation and even if there was, it is her that would be in trouble and deported, not you the u.s. citizen. So there is nothing at stake for you. The worst case for her really is she has to withdraw the N-400 and wait until she has her LPR for 5 years and re-file then. I hope this helps clarify.

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Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12035
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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Customer: replied 2 years ago.
I am puzzled as to why "her lawyers" would say that in the event she gets interviewed and she cannot say anything about the divorce that we would be subject to a fraudulent investigation.

I clearly stated to her that i want nothing from her but the divorce and she does not want it. Instead she wants me to withdraw my complaint for divorce so she can go ahead with her interview?
Wouldn't that present to be a smoking gun at the interview that she has knowledge that this marriage is on shaky grounds and that she still pursues to obtain naturalization under these conditions?

It just doesn't make sense to me as to how we would be in trouble for having a divorce when America has very generous divorce laws to expedite marital separation.
Am i missing something here? Is there just something that I am not seeing?
Expert:  Georgetown Lawyer replied 2 years ago.
You are not missing anything but we are getting into speculation and trying to get into her head, which is impossible. I seriously doubt any lawyer told her that. You are just taking her word for it. You do not need to withdraw your divorce complaint. Her issues with her citizenship will be her concern. I would suggest you focus on you because I think she is lying to you to get you to do what she wants. Feel free to talk to another immigration attorney locally and get a second opinion. I am sure they will confirm what I am telling you. Thanks and best regards.

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