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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7549
Experience:  Experienced in all aspects of immigration and nationality law.
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I had my citizenship interview. I was married for 6.5 years

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I had my citizenship interview. I was married for 6.5 years and out we had 5 years of marriage and them after year and a half of a hell of divorce; divorce come final. This was not a bogus marriage, however my ex after I caught him cheating he was contacting USCIS to revoke my green card.
I never received any correspondence from Uscis but my citizenship interview was only focused on my marriage. I was not requesting marriage based on marriage it is base on 5 years of having a permanent green card
The officer asked so many questions like" where you met your ex, how was the weeding, witness etc etc. She asked me for my first address I could not remember it has been 10 years since them later on she said that she will take a written statement regarding my marriage, print out the doc, call a witness I signed. I passed the civic, written test. I ask when the ceremony will be and she said that she will review my file and it could take 120 days for a response.
I was shocked, because I was not expecting all that. My question is if I have 5 years as a resident not even an speeding ticket in my record, why are they bringing up my marriage. My ex ended up dating my best friend (currently h e lives in my former house with her) It was really a sour divorce and now they want me to remember when that son of .... was born??? Please tell me what my rights are in regard to my request for citizenship. Can they denied my request just because my ex might have sent them a letter with whatever lies? How can I know what is in my file ??? I AM LOST HELP.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hi there! Thank you for using this service. My screen name isXXXXX and I'll be helping you with your questions today. All I ask in return is that you give me a positive rating for my customer service once I have finished assisting you to your satisfaction. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

My goodness! I'm so sorry you are having to deal with this. As if immigration is not stressful enough, now you have to deal with someone who sounds like he may have psychological problems. I'm very sorry to hear about your troubles. I will do my best to answer your questions, but please remember that I am not a miracle worker. I can only provide you with information about what the law allows and provides. I can't change the law, but I will do my best to help alleviate some of your stress.

QUESTION: I ask when the ceremony will be and she said that she will review my file and it could take 120 days for a response.
ANSWER: Do not worry that she said a final decision has not been made. This happens more often than it doesn't. The officer is only making a recommendation, but the supervisor makes the final decision on the case. So this is normal, and not something to necessarily be concerned about.

The fact that you were given the civics and written test is a good sign.

QUESTION: I was shocked, because I was not expecting all that. My question is if I have 5 years as a resident not even an speeding ticket in my record, why are they bringing up my marriage.
ANSWER: Because you got the green card based on marriage. It also could be that they are a little suspicious, but you should know that the USCIS doesn't just take the word of someone who sends them a letter or a phone call. The person has to provide actual proof that there is something wrong, before the USCIS actually moves forward on a suspected fake marriage.

QUESTION: Please tell me what my rights are in regard to my request for citizenship.
ANSWER: Unfortunately, nobody has the right to citizenship, unless they are born in the US. Just because you have a green card and just because it has been 5 years doesn't mean you have a "right" to naturalize. You have the privilege to, and you may be eligible to, but there is no "right" to citizenship.

QUESTION: Can they denied my request just because my ex might have sent them a letter with whatever lies?
ANSWER: Yes, they can. They have the ultimate discretion to decide whatever they want to. But this almost never happens. Your ex has to have actual proof of what he says. And you will be given an opportunity to show that he was lying, and to provide your own proof that what he said is not true.

QUESTION: How can I know what is in my file?
ANSWER: The only thing you can do is file a request for a copy of your file. You can do that with a FOIA request: USCIS FOIA Request.

This is the only way you can get a complete copy of what is in your file.

I hope I have answered your questions. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job. I'm confident you'll find me to be professional and truthful with you.

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Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7549
Experience: Experienced in all aspects of immigration and nationality law.
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