Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I've got separated from my husband but have naturalization…

I've got separated from...

I've got separated from my husband but have naturalization interview in 2 weeks

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Yes

Lawyer's Assistant: Have you talked to a lawyer about the citizenship application?

Yes

Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 5 minutes by:
7/12/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 16 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Ask Your Own Immigration Law Question

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Did you get your green card through your spouse? When was the I-751 approved? This is what removed the conditions on your 2 year green card and gave you the 10 year green card. I assumed you applied for U.S. Citizenship with 3 years of Residency, not 5 years, correct? Please answer each question. Thank you.

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
It was approved in 09/12/2016 and I've got my first green card on 11/26/13, yes 3 years Residency

Then unfortunately, I do not have good news for you. Please do not get angry at me as I am just the messenger and did not write the laws. To be legitimate with the N-400 application that is filed early, it isn't enough to legally be married. You must be planning to continue to live together and build a life together when you are approved. If you are already separating, it would be considered fraud to continue forward. You could try to hide it from USCIS and get an approval, but if you ever applied for a relative in the future, it could come out and you could be stripped of U.S. Citizenship and if that happens, you would become deportable because they don't give you Residency back. So you have two options to be safe:

1) Fix the relationship with your spouse, if possible, then go forward but if approved, it will look very bad if you separate/divorce soon after getting your U.S. Citizenship.

2) Withdraw the N-400 and wait until you have 4 years and 9 months of Residency and then file again. Yes, it will cost you money again, but it is what it is. I am trying to protect you from committing a mistake. I hope you appreciate that.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
I have couple more questions:
1. If I withdrawal right now 2 weeks before interview wouldn't this look bad and would raise the questions for me in the future anyway
2. Shall I just go there and say that I've got separated instead of withdrawal?

1) No. It is the correct thing to do. Going forward is fraud if you do not fix the relationship for valid reasons.

2) You can do that, yes.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
which option do you think is better?
Customer reply replied 1 month ago
they'd still ask why I withdrawal at first time, right?
Customer reply replied 1 month ago
withdraw'

If you send in a letter, you don't have to explain why. If you go in person, they will ask you questions. If you want to avoid them thinking that your marriage was not real, just send a letter so that you do not give them any such evidence.

Let me know if you need anything else, but please do not forget to rate me positively. 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. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
My marriage is real. What kind of questions?
Customer reply replied 1 month ago
Wouldn't they ask the same questions next time I apply anyway?

They could ask you questions at the interview to try to trick you and gather evidence against you to try to prove that your marriage was never real. What I am saying is that it is just safer to write a letter to withdraw or just don't show up to the interview and let them deny the case due to abandonment. I don't understand why you care to show up to the interview. If you are hoping that maybe out of the kindness of their heart they will approve you anyway, then let me explain that they are not supposed to and if they did, it can still cause you a problem if you divorce soon after or before approval and later you try to petition for a relative. So just write a letter asking to withdraw without any explanation or just don't show up. Don't over-complicate your situation.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of customers don't leave a rating at all and since I am not given a salary to be here, a positive rating is the only way the website will compensate me (which costs you nothing additional and the session does NOT close). It's as if I spent my time responding for free. So you can understand, 30% to 40% of customers not leaving a positive rating is like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
I see. Anyway when I apply next time and they ask me why I withdraw what should I say? Wouldn't I face the same situation but later, they may try to "trick" me next time, no? Just wondering

I am concerned that you are not acknowledging the importance of a positive rating. Yes, I understand that it says, "Rate to finish" and you have not finished yet, but I have tried to explain that the session does not close. We do not actually finish. At least so that I can feel better, tell me something like, "Yes, I understand about the positive rating." I don't want you to be one of those 30 to 40% of people that just leave me hanging.

You would just respond that the marriage started falling apart is all. You have to be honest because a big part of the N-400 process is honesty and good moral character. Please do not forget that positive rating. Thank you.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now

You are very welcome! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
Another question: since we separated my address has changed - shall I update the address online for them right now or just send the letter with new return address? Or shall I still go and withdraw in person to make sure they receive all the info?

My answer remains the same, but you should file an AR-11 within 10 days of any move.

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
113,912 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin 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

4,009 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 Senmartin

Guillermo Senmartin

Immigration Attorney

113,912 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I've been a permanent US resident for the past 6+ years and
Hello, I've been a permanent US resident for the past 6+ years and I applied last year for naturalization. I live in San Francisco at my own condo. I just received the notification for the interview w… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
We are an indian family of husband, wife and a 14 yrs old
We are an indian family of husband , wife and a 14 yrs old son living in USA on Green Card which i got in 2011 through my previous employer and my husband & kid also got the GC as my dependents . Now … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My wife went naturalization interview and at the end was
My wife went for her naturalization interview and at the end was told she passed the English and civics exam but that a decision could not be made yet. Later we got a notice in the mail requesting for… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Hi, I am trying to apply for naturalization. I have russian
Hi, I am trying to apply for naturalization. I have russian citizenship since birth and US green card since 12/05/11(3 years). I am currently married to US citizen since 07/22/11(more then three years… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
My girlfriend was married to an american citizen and living
My girlfriend was married to an american citizen and living in Florida, She was verbal abuse for some time by her husband, by the time she needed to go to the immigration appointment her husband did n… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
I went to naturalization interview in February. I did pass
I went to naturalization interview in February. I did pass the exam, but I did not manage to provide enough evidence to the officer regarding the fact that my husband and I have been living together. … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
hello, my son will be on his 5th year as an immigrant
hello, my son will be on his 5th year as an immigrant on Oct 12 (date of entry). when is the earliest time to apply for citizenship. he was out of the country twice (both canada) for only three days e… read more
Expert James
Expert James
Doctoral Degree
12,482 satisfied customers
I applied for citizenship based on my 5 year residency but
I applied for citizenship based on my 5 year residency but the INS officer required me to submit the date and location of estranged husband's naturalization, which I know I can't get from him anymore,… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am Susanna Sukiasyan Ive sent my question and was ready
I am Susanna Sukiasyan I've sent my question and was ready to talk to Guilermo J. Senmartin we were cut off.… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,912 satisfied customers
I entered U.S. under H1B visa and got married to a Permanent
I entered U.S. under H1B visa and got married to a Permanent Resident. My husband petitioned me right away (file I-130) and it was approved back then, but I have to wait until visa is available. The p… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,912 satisfied customers
I just got my permanent resident card about 2 weeks ago , the
I just got my permanent resident card about 2 weeks ago , the process took 3 months until I received the interview date. my husband applied for my daughter (12 years old) as well (his stepdaughter) , … read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
Hello, I got my greencard in September 2007. My ex-husband
Hello, I got my greencard in September 2007. My ex-husband was sposored by a company, and I (as his wife) got the greencard at the same time with him. A few months after we got the greencard, he left … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I will have an interview for I-485 on april 15 (marriage to
I will have an interview for I-485 on april 15 (marriage to USC). I had another interview on September and my I-130 was approved but the I-485 was denied because I had a previous J1 and didn't have th… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
i got married in romania with an us citizen in 03. he applied
i got married in romania with an us citizen in 03. he applied for a fiance visa for me to enter US. in 04, august i got to US, got my green card 2 months after, and a 2 year citizenship. summer of 07 … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,912 satisfied customers
Hello. I really appreciate your help with the following 1)
Hello. I really appreciate your help with the following: 1) I received a request to appear for the initial interview related to my naturalization application based on marriage to a U.S. citizen. Would… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Can we reschedule an immigrant visa interview could that hurt chances of getting visa
We are scheduled for an immigrant visa interview on October 8th but we have several unfinished business to take care at home and would like to ask to reschedule the interview. do you know if this is p… read more
Leena R. Kamat, Esq.
Leena R. Kamat, Esq.
Attorney
Doctoral Degree
44 satisfied customers
I received an initial interview appointment letter
"I received an initial interview appointment letter from USCIS, I''m scheduled for interview this coming September in LA. But now I received another letter saying that I have an appointment with an ad… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,912 satisfied customers
I have been married to a u.s. citizen a real marriage but ...
I have been married to a u.s. citizen a real marriage but have had some problems and was separated. I have an Interview for the removal of my conditional status. My husband and I are back together and… read more
Guru_Guy
Guru_Guy
Doctoral Degree
1,634 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