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Citizenship based on 3 years greencard

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  • Citizenship based on 3 years greencard

    Hi, I am confused, please help.
    My boyfriend got married to his ex-wife in 2002 and got the conditional green card. He then filed for the permanence green card and got it. He applied for citizenship because he need to sponsor for his mom to go to America. THe relationship between him and his wife didn't go well, they don't live together anymore ( but all of her mail and telephone bill are still join under both name in his address.) They still filled tax together etc. She had 3 kids with different guy but my boyfriend didn't mind because in fact, they are no longer attached.
    Today my boyfriend got the interview for citizenship, the officer wanted to see the tax transcript from the previous years. They've filled join together but only the last year they filled separated. Since the citizhenship based on married and 3 years green card, my boyfriend needs to prove that they are still married ( they never got divorced). But what would happen if they find out she has 3 different kids with different guy? what will happen? Can they denied his citizenship application? But they can't prove that they are no longer married though. And yet if they don't approve his application, will it affect his future appilcation when next year, he will be eligible to file alone for himself based on 5 years greencard? Should he abandon his application now and wait for next year or should he just come back like they asked and doesn't matter if he got approve or not, he will take the chace?
    Sorry to confuse you but I am in the middle of the mess right now. The question is: what are my option and what's the best for us???????????
    Thanks for all of your help.

  • #2
    He should not file for citizenship if the marriage is up in the air and about to be dismissed.... and yes, this will affect any future applications, as it lacks "good moral character" which is required for citizenship.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      PraetorianXI

      Thank you PraetorianXI for your answer, I am still a little bit confused, when my boyfriend went for the interview, the officer passed him on the test but tell him to come back in June with more paper (tax transcrip, bills, join account....) the officer didn't know that his wife has 3 diff kids yet. Now, in two month, should my bf come back to see the officer? if he doesn't, how it will affect the application ( now and in the future should he decided to file for another one). And if he goes to the interview and ( God forbid,) got denied, how it will affect us? We can't let it hang on the air like this, what's our best shot, to go forward or to let go?
      Thanks for your patient. Have a great day.

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      • #4
        Please let me know

        HI
        Please let me know which one will be my best action on the case?
        Thanks all for your patient

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        • #5
          citizenship based on 3 yrs marriage

          Hi your boyfriend and I are almost have the same situation. I have decided to just let go of the application and i also i dont know the implication. I spoke to a lawyer and he said it is ok, just apply based on 5 yr. Or, simply just submit whatever documents we have.

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