My partner is applying for his US citizenship. He has been in the US for 18 yrs ( he is British). He has his perm resident status but wants to become a US citizen.
Two things are worring him;
In 1996 he misrepresented himself when entering the country and was excluded. He married his then fiancee and his lawyer filed a ' waiver of excludability' so, once married he was allowed back into the country.
Since that time he has been a model resident with an unblemished character record. There woudl be no other reason not to give him his citiznship othert than the following ;
He and his wife legally separeted after 10 yrs marriage and he met me after that time. Technically we have still committed adultery.
He is really worried about how his moral character will be judged because of these two instances.
What are your thoughts and how do you think he will be viewed?
And who is filing the divorce? What grounds? When?
he needs to back off until he gets his personal affairs in order. Technically adultery could be grounds that would affect 'moral character'. However, that would need to be proven...and if his ex is filing the divorce on adultery, he could have a problem. However, in general throughout th eUS, divorces are usually 'no fault'. If this is the case he shouldn't have a problem. Whatever he does, advise him not to hide pertinent information on his application.