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  • Naturalized USC - who GOT original GC through Marriage to USC, now marries foreigner

    How will be treated an AOS in a marriage where the USC is a naturalized one
    who got his green card from a marriage to a USC in the past but marriage did
    not work out and 2-3 for years after his/her divorce marries an overstay and
    files AOS, will the interview be harder? will they assumed marriage fraud in
    the first marriage?



  • #2
    Naturalized USC - who GOT original GC through Marriage to USC, nowmarries foreigner s

    AGUILA wrote:
    How will be treated an AOS in a marriage where the USC is a naturalized one who got his green card from a marriage to a USC in the past but marriage did not work out and 2-3 for years after his/her divorce marries an overstay and files AOS, will the interview be harder? will they assumed marriage fraud in the first marriage?
    In my opinion it will not make any difference

    Comment


    • #3
      Naturalized USC - who GOT original GC through Marriage to USC, now marries foreigner

      Is your opinion based on any experience as an attorney/paralegal?

      "L D Jones" <[email protected]> wrote in message
      news:[email protected]
      AGUILA wrote:
      How will be treated an AOS in a marriage where the USC is a naturalized
      one
      who got his green card from a marriage to a USC in the past but marriage
      did
      not work out and 2-3 for years after his/her divorce marries an overstay
      and
      files AOS, will the interview be harder? will they assumed marriage
      fraud in
      the first marriage? In my opinion it will not make any difference

      Comment


      • #4
        Naturalized USC - who GOT original GC through Marriage to USC, now marries foreigner


        Originally posted by Aguila
        Is your opinion based on any experience as an attorney/paralegal?


        If you wanted the opinion of an attorney or paralegal why don't you pay
        for it instead of posting on here.


        --
        Posted via http://britishexpats.com

        Comment


        • #5
          Naturalized USC - who GOT original GC through Marriage to USC, now marries foreigner

          In my opinion (I'm NOT an attorney or anything like that) if you were to
          have any problems, it would be during your naturalization or AOS process. If
          you're over that hump (as it seems), it should not matter anymore. For the
          INS to doubt your basis for naturalization AFTER they have given it to you ,
          they would be admitting to incompetence. It's unlikely they will do that.

          Marcelo

          "AGUILA" <[email protected]> wrote in message
          news:[email protected]
          How will be treated an AOS in a marriage where the USC is a naturalized
          one
          who got his green card from a marriage to a USC in the past but marriage
          did
          not work out and 2-3 for years after his/her divorce marries an overstay
          and
          files AOS, will the interview be harder? will they assumed marriage fraud
          in
          the first marriage?

          Comment


          • #6
            Naturalized USC - who GOT original GC through Marriage to USC, now marries foreigner

            I wanted an 'educated' opinion rather than a personal one. Someone here
            might have gotten thru this situation in the past, or some of the
            attorneys/paralegals who post here could give me some insight as to how
            USCIS handle this type of cases.

            "RoB1833" <[email protected]_expats.com> wrote in message
            news:[email protected]
            Originally posted by Aguila
            Is your opinion based on any experience as an attorney/paralegal?
            If you wanted the opinion of an attorney or paralegal why don't you pay for it instead of posting on here. -- Posted via http://britishexpats.com

            Comment


            • #7
              Naturalized USC - who GOT original GC through Marriage to USC, now marries foreigner


              Originally posted by Marcelo
              In my opinion (I'm NOT an attorney or anything like that) if you were to
              have any problems, it would be during your naturalization or AOS process. If
              you're over that hump (as it seems), it should not matter anymore. For the
              INS to doubt your basis for naturalization AFTER they have given it to you ,
              they would be admitting to incompetence. It's unlikely they will do that.

              Marcelo
              TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part II > Sec. 1451.
              Prev | Next



              Sec. 1451. - Revocation of naturalization



              (a) Concealment of material evidence; refusal to testify



              It shall be the duty of the United States attorneys for the respective
              districts, upon affidavit showing good cause therefor, to institute
              proceedings in any district court of the United States in the judicial
              district in which the naturalized citizen may reside at the time of
              bringing suit, for the purpose of revoking and setting aside the order
              admitting such person to citizenship and canceling the certificate of
              naturalization on the ground that such order and certificate of
              naturalization were illegally procured or were procured by concealment
              of a material fact or by willful misrepresentation, and such revocation
              and setting aside of the order admitting such person to citizenship and
              such canceling of certificate of naturalization shall be effective as of
              the original date of the order and certificate, respectively: Provided,
              That refusal on the part of a naturalized citizen within a period of ten
              years following his naturalization to testify as a witness in any
              proceeding before a congressional committee concerning his subversive
              activities, in a case where such person has been convicted of contempt
              for such refusal, shall be held to constitute a ground for revocation of
              such person's naturalization under this subsection as having been
              procured by concealment of a material fact or by willful
              misrepresentation. If the naturalized citizen does not reside in any
              judicial district in the United States at the time of bringing such
              suit, the proceedings may be instituted in the United States District
              Court for the District of Columbia or in the United States district
              court in the judicial district in which such person last had his
              residence.



              (b) Notice to party



              The party to whom was granted the naturalization alleged to have been
              illegally procured or procured by concealment of a material fact or by
              willful misrepresentation shall, in any such proceedings under
              subsection (a) of this section, have sixty days' personal notice, unless
              waived by such party, in which to make answers to the petition of the
              United States; and if such naturalized person be absent from the United
              States or from the judicial district in which such person last had his
              residence, such notice shall be given either by personal service upon
              him or by publication in the manner provided for the service of summons
              by publication or upon absentees by the laws of the States or the place
              where such suit is brought.



              (c) Membership in certain organizations; prima facie evidence



              If a person who shall have been naturalized after December 24, 1952
              shall within five years next following such naturalization become a
              member of or affiliated with any organization, membership in or
              affiliation with which at the time of naturalization would have
              precluded such person from naturalization under the provisions of
              section 1424 of this title, it shall be considered prima facie evidence
              that such person was not attached to the principles of the Constitution
              of the United States and was not well disposed to the good order and
              happiness of the United States at the time of naturalization, and, in
              the absence of countervailing evidence, it shall be sufficient in the
              proper proceeding to authorize the revocation and setting aside of the
              order admitting such person to citizenship and the cancellation of the
              certificate of naturalization as having been obtained by concealment of
              a material fact or by willful misrepresentation, and such revocation and
              setting aside of the order admitting such person to citizenship and such
              canceling of certificate of naturalization shall be effective as of the
              original date of the order and certificate, respectively.



              (d) Applicability to citizenship through naturalization of parent or
              spouse



              Any person who claims United States citizenship through the
              naturalization of a parent or spouse in whose case there is a revocation
              and setting aside of the order admitting such parent or spouse to
              citizenship under the provisions of subsection (a) of this section on
              the ground that the order and certificate of naturalization were
              procured by concealment of a material fact or by willful
              misrepresentation shall be deemed to have lost and to lose his
              citizenship and any right or privilege of citizenship which he may have,
              now has, or may hereafter acquire under and by virtue of such
              naturalization of such parent or spouse, regardless of whether such
              person is residing within or without the United States at the time of
              the revocation and setting aside of the order admitting such parent or
              spouse to citizenship. Any person who claims United States citizenship
              through the naturalization of a parent or spouse in whose case there is
              a revocation and setting aside of the order admitting such parent or
              spouse to citizenship and the cancellation of the certificate of
              naturalization under the provisions of subsection (c) of this section,
              or under the provisions of section 1440(c) of this title on any ground
              other than that the order and certificate of naturalization were
              procured by concealment of a material fact or by willful
              misrepresentation, shall be deemed to have lost and to lose his
              citizenship and any right or privilege of citizenship which would have
              been enjoyed by such person had there not been a revocation and setting
              aside of the order admitting such parent or spouse to citizenship and
              the cancellation of the certificate of naturalization, unless such
              person is residing in the United States at the time of the revocation
              and setting aside of the order admitting such parent or spouse to
              citizenship and the cancellation of the certificate of naturalization.



              (e) Citizenship unlawfully procured



              When a person shall be convicted under section 1425 of title 18 of
              knowingly procuring naturalization in violation of law, the court in
              which such conviction is had shall thereupon revoke, set aside, and
              declare void the final order admitting such person to citizenship, and
              shall declare the certificate of naturalization of such person to be
              canceled. Jurisdiction is conferred on the courts having jurisdiction of
              the trial of such offense to make such adjudication.



              (f) Cancellation of certificate of naturalization



              Whenever an order admitting an alien to citizenship shall be revoked and
              set aside or a certificate of naturalization shall be canceled, or both,
              as provided in this section, the court in which such judgment or decree
              is rendered shall make an order canceling such certificate and shall
              send a certified copy of such order to the Attorney General. The clerk
              of court shall transmit a copy of such order and judgment to the
              Attorney General. A person holding a certificate of naturalization or
              citizenship which has been canceled as provided by this section shall
              upon notice by the court by which the decree of cancellation was made,
              or by the Attorney General, surrender the same to the Attorney General.



              (g) Applicability to certificates of naturalization and citizenship



              The provisions of this section shall apply not only to any
              naturalization granted and to certificates of naturalization and
              citizenship issued under the provisions of this subchapter, but to any
              naturalization heretofore granted by any court, and to all certificates
              of naturalization and citizenship which may have been issued heretofore
              by any court or by the Commissioner based upon naturalization granted by
              any court, or by a designated representative of the Commissioner under
              the provisions of section 702 of the Nationality Act of 1940, as
              amended, or by such designated representative under any other act.



              (h) Power to correct, reopen, alter, modify, or vacate order



              Nothing contained in this section shall be regarded as limiting,
              denying, or restricting the power of the Attorney General to correct,
              reopen, alter, modify, or vacate an order naturalizing the person


              --
              Posted via http://britishexpats.com

              Comment


              • #8
                Naturalized USC - who GOT original GC through Marriage to USC, nowmarries foreigner s

                AGUILA wrote:
                Is your opinion based on any experience as an attorney/paralegal?
                No. Ask an attorney if you want an attorney's opinion

                Comment


                • #9
                  Naturalized USC - who GOT original GC through Marriage to USC, now marries foreigner

                  sphyrapicus:

                  You love to read the USCIS website and the law right? I do too... however, I
                  was referring not to USCIS going after naturalized USC, instead making
                  interview for AOS interview of his new alien spouse difficult since it was
                  already married in the past and got this GC thru that marriage.

                  Is totally normal and understandable to any person with common sense that of
                  course a marriage cannot workout between USC and Alien, and that in the
                  future alien might pursue another relationship and get married to an
                  alien... but for USCIS this could be suspicious case since they could think
                  naturalized USC married with other motivation on the first marriage or that
                  this second marriage is a 'sham' one.


                  "sphyrapicus" <[email protected]_expats.com> wrote in message
                  news:[email protected]
                  Originally posted by Marcelo
                  In my opinion (I'm NOT an attorney or anything like that) if you were to have any problems, it would be during your naturalization or AOS process. If you're over that hump (as it seems), it should not matter anymore. For the INS to doubt your basis for naturalization AFTER they have given it to you , they would be admitting to incompetence. It's unlikely they will do that. Marcelo
                  TITLE 8 > CHAPTER 12 > SUBCHAPTER III > Part II > Sec. 1451. Prev | Next Sec. 1451. - Revocation of naturalization (a) Concealment of material evidence; refusal to testify It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively: Provided, That refusal on the part of a naturalized citizen within a period of ten years following his naturalization to testify as a witness in any proceeding before a congressional committee concerning his subversive activities, in a case where such person has been convicted of contempt for such refusal, shall be held to constitute a ground for revocation of such person's naturalization under this subsection as having been procured by concealment of a material fact or by willful misrepresentation. If the naturalized citizen does not reside in any judicial district in the United States at the time of bringing such suit, the proceedings may be instituted in the United States District Court for the District of Columbia or in the United States district court in the judicial district in which such person last had his residence. (b) Notice to party The party to whom was granted the naturalization alleged to have been illegally procured or procured by concealment of a material fact or by willful misrepresentation shall, in any such proceedings under subsection (a) of this section, have sixty days' personal notice, unless waived by such party, in which to make answers to the petition of the United States; and if such naturalized person be absent from the United States or from the judicial district in which such person last had his residence, such notice shall be given either by personal service upon him or by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the States or the place where such suit is brought. (c) Membership in certain organizations; prima facie evidence If a person who shall have been naturalized after December 24, 1952 shall within five years next following such naturalization become a member of or affiliated with any organization, membership in or affiliation with which at the time of naturalization would have precluded such person from naturalization under the provisions of section 1424 of this title, it shall be considered prima facie evidence that such person was not attached to the principles of the Constitution of the United States and was not well disposed to the good order and happiness of the United States at the time of naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancellation of the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively. (d) Applicability to citizenship through naturalization of parent or spouse Any person who claims United States citizenship through the naturalization of a parent or spouse in whose case there is a revocation and setting aside of the order admitting such parent or spouse to citizenship under the provisions of subsection (a) of this section on the ground that the order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation shall be deemed to have lost and to lose his citizenship and any right or privilege of citizenship which he may have, now has, or may hereafter acquire under and by virtue of such naturalization of such parent or spouse, regardless of whether such person is residing within or without the United States at the time of the revocation and setting aside of the order admitting such parent or spouse to citizenship. Any person who claims United States citizenship through the naturalization of a parent or spouse in whose case there is a revocation and setting aside of the order admitting such parent or spouse to citizenship and the cancellation of the certificate of naturalization under the provisions of subsection (c) of this section, or under the provisions of section 1440(c) of this title on any ground other than that the order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation, shall be deemed to have lost and to lose his citizenship and any right or privilege of citizenship which would have been enjoyed by such person had there not been a revocation and setting aside of the order admitting such parent or spouse to citizenship and the cancellation of the certificate of naturalization, unless such person is residing in the United States at the time of the revocation and setting aside of the order admitting such parent or spouse to citizenship and the cancellation of the certificate of naturalization. (e) Citizenship unlawfully procured When a person shall be convicted under section 1425 of title 18 of knowingly procuring naturalization in violation of law, the court in which such conviction is had shall thereupon revoke, set aside, and declare void the final order admitting such person to citizenship, and shall declare the certificate of naturalization of such person to be canceled. Jurisdiction is conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. (f) Cancellation of certificate of naturalization Whenever an order admitting an alien to citizenship shall be revoked and set aside or a certificate of naturalization shall be canceled, or both, as provided in this section, the court in which such judgment or decree is rendered shall make an order canceling such certificate and shall send a certified copy of such order to the Attorney General. The clerk of court shall transmit a copy of such order and judgment to the Attorney General. A person holding a certificate of naturalization or citizenship which has been canceled as provided by this section shall upon notice by the court by which the decree of cancellation was made, or by the Attorney General, surrender the same to the Attorney General. (g) Applicability to certificates of naturalization and citizenship The provisions of this section shall apply not only to any naturalization granted and to certificates of naturalization and citizenship issued under the provisions of this subchapter, but to any naturalization heretofore granted by any court, and to all certificates of naturalization and citizenship which may have been issued heretofore by any court or by the Commissioner based upon naturalization granted by any court, or by a designated representative of the Commissioner under the provisions of section 702 of the Nationality Act of 1940, as amended, or by such designated representative under any other act. (h) Power to correct, reopen, alter, modify, or vacate order Nothing contained in this section shall be regarded as limiting, denying, or restricting the power of the Attorney General to correct, reopen, alter, modify, or vacate an order naturalizing the person -- Posted via http://britishexpats.com

                  Comment


                  • #10
                    Naturalized USC - who GOT original GC through Marriage to USC, now marries foreigner


                    Originally posted by Aguila
                    sphyrapicus:

                    You love to read the USCIS website and the law right? I do too... however, I
                    was referring not to USCIS going after naturalized USC, instead making
                    interview for AOS interview of his new alien spouse difficult since it was
                    already married in the past and got this GC thru that marriage.

                    Is totally normal and understandable to any person with common sense that of
                    course a marriage cannot workout between USC and Alien, and that in the
                    future alien might pursue another relationship and get married to an
                    alien... but for USCIS this could be suspicious case since they could think
                    naturalized USC married with other motivation on the first marriage or that
                    this second marriage is a 'sham' one.


                    I was responding to Marcelo's statement that once you're over the hump
                    and granted citizenship that you are clear and free. That is not
                    correct. USCIS can still look back at your history and make a
                    determination that the first marriage (or naturalization) was entered
                    (obtained) in a fraudulent manner. I'm not saying this is the case for
                    you. I'm merely commenting on Marcelo's inaccurate statement.


                    --
                    Posted via http://britishexpats.com

                    Comment

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