Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law
This answer was rated:

Military Marriage and Divorce with N-400 Application

I am currently serving in...
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?
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 16 minutes by:
7/13/2012
Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12,049
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Verified
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.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked. Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12,049
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Verified
Georgetown Lawyer and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 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?
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.
Ask Your Own Immigration Law Question
Ask Georgetown Lawyer Your Own Question
Georgetown Lawyer
Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12,049
12,049 Satisfied Customers
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas

Georgetown Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I am filling n-565 to get new certificate of naturalization.
I am filling n-565 to get new certificate of naturalization. I need help with section 2.A of the form. I have written the following reason in the 2.A: "I lost the certificate in Milwaukee WI in Jan 20… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I am currently completing form n-400 for my mother in law
Hi, I am currently completing form n-400 for my mother in law and am uncertain on the how to answer the following questions: … read more
Expert James
Expert James
Doctoral Degree
11,711 satisfied customers
When applying for the US Citizenship, form N-400, based on
When applying for the US Citizenship, form N-400, based on my marriage, do I need to include my husband's child, who has a different last name to him, we do not know her current residence, but he pays… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Naturalized through Military. Will my citizenship get
Naturalized through Military. Will my citizenship get revoked if I get medically discharged? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Question about naturalization interview. i filled n-400. but
question about naturalization interview. i filled n-400. but while reviewing, I saw this question and i answered no. Have you EVER been a member of, involved in, or in any way associated with any orga… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,990 satisfied customers
FOR JEN MARIE If an N-400 application for Naturalization was
FOR JEN MARIEIf an N-400 application for Naturalization was submitted to a Supervisor for review on May 19, 2017, and the applicant has passed the English and civics exam, what can be done to check th… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
IMMIGRATION LAWYER N-400 APPLICATION. NO\ QUESTION REGARDING
QUESTION REGARDING PEOPLE WITH MENTAL ILNESS NATURALIZATION… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have an immigration question regarding the n-400 form.
Hello. I have an immigration question regarding the n-400 form … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question about N-400 processing time. I filed in
I have a question about N-400 processing time. I filed in October 2017, USCIS website states that the local Field Office is processing N-400 applications received on 1/7/2017. Does this mean it won't … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
My husband and I had thought his naturalization (N-400)
My husband and I had thought his naturalization (N-400) would be processed by now. I'm a US citizen from birth and he's been a LPR since 2012. He submitted an application for naturalization 3/2017 and… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
When Filing an N-400 Application assuming an applicant meets
When Filing an N-400 Application assuming an applicant meets the 5 year LPR requirement:1. If the applicant took trips over 6 months, can the time accumulated prior to the “break” in continuous reside… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Will a divorce stop an N-400 naturalization process? My
Will a divorce stop an N-400 naturalization process?My friend, Nancy, married a British man, Robert, and brought him to the US 6-7 years ago. They divorced about 10 months ago and are having child cus… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
12.15.A in N-400, I have served 29 month for Korean Army in
For Question Part 12.15.A in N-400, I have served 29 month for Korean Army in South Korea during 1980-1982. It was mandatory. Should I answer Yes for the question in the form? If so I answer Yes for P… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,990 satisfied customers
My case N 400 is in line for an interview, my fiancé came to
My case N 400 is in line for an interview, my fiancé came to visit me … read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
My wife's petition for N-400 naturalization is due on sept.
My wife's petition for N-400 naturalization is due on sept. 13. I have been here since June 12,2017 and can only stay here until Dec. 11 as a B2 tourist. We have a pending I-130 back in 2016. Will we … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I need advice for N-400 application for Naturalization. My
Hello, I need advice for N-400 application for Naturalization. My interview appointment will be on July 22, 2017.My issue is height. My height is 180 cm. I was not familiar with feet. 180cm is 5.90551… read more
Expert James
Expert James
Doctoral Degree
11,711 satisfied customers
I am trying to complete the N-400 for Naturalization for me
i am trying to complete the N-400 for Naturalization for me and my wife but I dont know how to answer questions regarding arrests … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I'm applying for the N-400 the citizenship. My question is
Hi, I'm applying for the N-400 the citizenship. My question is on the evidence of the tax return, do I need to include everything or just the first two pages from line 1 to line 76? Do I need to inclu… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x