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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109045
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Georgetown Lawyer,My husband and i got married in 2007,and

Customer Question

Hello, Georgetown Lawyer,My husband and i got married in 2007,and in September 2011 he filed for divorce and it was finalized in March 2012, we were separated for about 10 months before he filed for divorce. During the time we were married, my green card
was in the process and i finally got my unconditional green card in August 2011. Will i still be eligible to apply for N-400/ Citizenship? if so, will i be able to file it on my own?and when will i be able to apply for naturalization? and/or do i need a lawyer
to assist me? please help thank you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Georgetown lawyer has not been active on the site for awhile. Would you like me to answer this for you?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Because the divorce was filed one month after your conditional green card was approved, that's evidence that the marriage may have been fraud. When you apply for U.S. Citizenship they ask you about your marriages and divorces specifically to find out about situations like this. If you filed a regular I-751 and your marriage was falling apart, especially since you said at that time you were living apart, you had a chance to amend the I-751 and make is an I-751 waiver explaining that the marriage was real but just fell apart. This happens and USCIS has a way to process such a case and still give the person a 10 year non-conditional green card. Here is the official link:

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Specifically:

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

  • You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
  • You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

Since you did not do that, they are going to assume that your marriage was fraudulent. So I would either avoid applying for naturalization, or if you really have to have it because you want to petition for relatives or something, then you should use an attorney. You can look for one at www.ailalawyer.com. You are going to have to prove that your marriage was real but just fell apart and that you did not intend to commit fraud by going forward with an I-751 when you should have changed it to an I-751 waiver.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!