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Thread: 2nd Interview or withdraw application?

      
  1. #1

    2nd Interview or withdraw application?

    I got my Citizenship test a few weeks go. I passed the test but the officer asked me several questions about my husband wich i responded.
    Im living in Miami for the past 2 years but my husband still in California. I filled my n-400 in California since my husbnd stills with the same address n also because i called the 800 number fom uscis n they said that i should keep it in California since my husband stills living there otherwise it will delay the process (if i change it to Florida) also i didnt know when my husband is finally moving to Florida with me. The officer gave me a second interview for the next month ans ask me for tax returns, bill, joint bank acounts, etc.

    Should i just withdraw my application n wait 2 more years or should i change my address to Florida ? Or go with the documents that i have (i do not have all the documents they are requesting) to my second inteview in California?

  2. #2
    I presume you're applying based on marriage to a US citizen?

    You're supposed to be living with your US citizen spouse for the past 3 years, and if you live apart you need to provide an explanation and know approximately when the you will live together again.

    You've been living apart for 2 years and don't know when you'll live together again. And you applied using California even though you really live in Miami. With those two facts I don't see how you're going to get approved.
    PD: Jan 2003 (EB3 rest of world)
    I-485 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

  3. #3
    Join Date
    Aug 2002
    Location
    central Illinois
    Posts
    1,871
    Quote Originally Posted by Caramelo View Post
    I got my Citizenship test a few weeks go. I passed the test but the officer asked me several questions about my husband wich i responded.
    Im living in Miami for the past 2 years but my husband still in California. I filled my n-400 in California since my husbnd stills with the same address n also because i called the 800 number fom uscis n they said that i should keep it in California since my husband stills living there otherwise it will delay the process (if i change it to Florida) also i didnt know when my husband is finally moving to Florida with me. The officer gave me a second interview for the next month ans ask me for tax returns, bill, joint bank acounts, etc.

    Should i just withdraw my application n wait 2 more years or should i change my address to Florida ? Or go with the documents that i have (i do not have all the documents they are requesting) to my second inteview in California?
    A second naturalization interview is pretty unusual, and may indicate that the IO is suspecting something serious like immigration fraud.

    When did you get your GC? Was it based on marriage to a U.S. citizen? How long have you been married? Did you first get a conditional, 2-year validity, green card? If yes, have you had the conditions lifted and when?
    N-400 [Chicago office, via Nebraska Service Cntr]
    Rec'd date: 12/06/2006
    FP notice date: 12/20/2006
    FP taken (Indianapolis): 01/11/2007
    2nd FP notice 09/09/2008
    2ndFP taken (Indianapolis) 09/26/2008
    Interview letter 01/24/2009
    Interview 03/26/2009 (completed)
    Oath letter rec'd 04/29/09
    Oath date 05/14/09 (completed)
    U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

    I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

  4. #4
    Quote Originally Posted by baikal3 View Post
    A second naturalization interview is pretty unusual, and may indicate that the IO is suspecting something serious like immigration fraud.

    When did you get your GC? Was it based on marriage to a U.S. citizen? How long have you been married? Did you first get a conditional, 2-year validity, green card? If yes, have you had the conditions lifted and when?
    Yes it was based on marriage. Been married for more than 4 years now. Yes i got a conditional n then remove it with the i-751 form

  5. #5
    Quote Originally Posted by Caramelo View Post
    Yes it was based on marriage. Been married for more than 4 years now. Yes i got a conditional n then remove it with the i-751 form
    With such a complicated case, why didn't you wait another year and apply on 5-year rule? It seems like they are going to give you hard time on the next interview. It doesn't mean your case is hopeless, but personally I wouldn't make a bet on it.

  6. #6
    Join Date
    Feb 2010
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    usa
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    Quote Originally Posted by Caramelo View Post
    Yes it was based on marriage. Been married for more than 4 years now. Yes i got a conditional n then remove it with the i-751 form
    I assume yours is a simple case of separation due to job or studies. Or some valid reason. It is not a case of fraudulent GC. You are not in process of legal separation, pending divorce.

    If so, don't we worried go for second interview. If possible ask your husband to accompany you. When the IO calls you, introduce your husband to him/her. Maximum they can deny your application. No problem, apply after completing 5 years.

  7. #7
    Join Date
    Jun 2002
    Location
    San Francisco, CA
    Posts
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    Don't think this is a complicated case.....

    Quote Originally Posted by -me- View Post
    With such a complicated case, why didn't you wait another year and apply on 5-year rule? It seems like they are going to give you hard time on the next interview. It doesn't mean your case is hopeless, but personally I wouldn't make a bet on it.
    If you guyz are genuinely a couple... it should be OK to attend the second interview instead of waiting 2 more yrs...
    ============
    GC:: July 2007

    N-400::
    PD: 5/30/2012
    FP: 6/13/2012
    ID: 10/24/2012
    OL: 11/10/2012
    Oath: Feb 2013
    US Citizen

  8. #8
    just re-read the original post. It quite explains the situation. Doesn't matter what those two feel to each other. They can hardly prove they have the family in terms of USCIS.

  9. #9
    Quote Originally Posted by jack144 View Post
    If you guyz are genuinely a couple... it should be OK to attend the second interview instead of waiting 2 more yrs...
    Not so simple. Being a genuine couple and proving it is not the same thing.
    PD: Jan 2003 (EB3 rest of world)
    I-485 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

  10. #10
    I have a question. Since you were living in Miami, and applied through California, in the past addresses lived, did you mention current address to be in Miami? So suppose you mentioned current address or any any of the past addresses to the present day, in Miami, then you are in trouble. Second question, is the seperation Volunatry or Involuntary.
    Volunatry means when you and your spouse chose to live in different addresses for your own convenience. Involuntary would be because of education, work circumstances, being in the army etc.
    Involunatry seperation would still maintain your eligibility. But you should have stated the facts and applied from Miami intead of California.
    Applying from California when you presumably have confessed to living in Miami, invalidated your application to begin with. There have been many instances where husband and wife have been seperated due to work and or school. Still they had their naturalization completed. Honesty is the best policy. By misrepresentating you may be denied.
    To prove you are a couple, did you got to california to meet him? Do you have plane tickets etc?


    I am not a lawyer, please use advise at your own caution

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