Examination Call-In Notice ( Citizenship application)

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new9000

Registered Users (C)
I applied for Citizenship marriage based on September 2008. I got my interview on January/09 , I passed the test, but I got the letter saying that a decision could not be made at this time. The immigration officer told me that my background checks were not completed yet. She told me to sign the photos on the wrong place, and she got worried and said that could be a problem.After the interview, my husband moved out, and we are heading for divorce, but we haven't filed for divorce at this point. Also, after waiting for the oath letter for about 104 days, I receive an examination call- in notice, that says to come for an application follow-up, and says "your appearance is required to complete record". Has anybody got something similar? I would appreciate any help on that.
 
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Probably to sign the photos correctly? Did you apply based on marriage or 5 years as a permanent resident? I think that as long as the divorce is not final you don't have to say or do anything.
 
I hope that is just the photo signature! I applied on the 3-year rule marriage based. It seems that the immigration laws has different interpretations about marital union. One says that you should be living together 3 years preceding the application date , and another says until examination. Some people on this forum say that it supposed to be until the oath. Thanks for your reply Huracan!
 
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I have to acknowledge that I don't have much experience on this area. I would expect that the question refers to legal separation, not just someone moving out of the house. However, I am not going to contradict Bobsmyth on the case by case evaluation of informal separations. I just don't know.
 
I appreciate your reply Bobsmith, but I still wonder about form N-445 when says separation they might mean only legal separation as Huracan said.. Also, I have been reading USCIS laws and regulations, and at any moment says until oath. Only if you get divorced, then it seems to be a sure thing for a denial. I also look for clarifications about the case by case basis, someone interpreted that the case by case basis could be related only to the 3-year statutory period. I decided for an infopass appointment for this week, and I hope I will find out. I will keep you posted.Thanks for your help!!
 
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new9000 said:
I appreciate your reply Bobsmith, but I still wonder about form N-445 when says separation they might mean only legal separation as Huracan said.. Also, I have been reading USCIS laws and regulations, and at any moment says until oath. Only if you get divorced, then it seems to be a sure thing for a denial. I also look for clarifications about the case by case basis, someone interpreted that the case by case basis could be related only to the 3-year statutory period. I decided for an infopass appointment for this week, and I hope I will find out. I will keep you posted.Thanks for your help!!
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Informal separations are evaluated on a case by case basis for 3 year based applications only. Since marriage is not a requirement for 5 year applications, whether you divorce or not during the course of a 5 year application has no impact on your eligibility for naturalization.
 
Just an update. I got the infopass appointment for this morning, and it was useless. They don't know a thing. It was a complete waste of time, they kept saying that they can't say anything, and that I have to wait.
 
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Huracan said:
I have to acknowledge that I don't have much experience on this area. I would expect that the question refers to legal separation, not just someone moving out of the house. However, I am not going to contradict Bobsmyth on the case by case evaluation of informal separations. I just don't know.
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Huracan and Bobsmyth,

I thought after 2006 USCIS not scheduling any interview if background cheks (most importantly namecheck) is not done. Is this not true anymore?
 
immigrant7777 said:
Huracan and Bobsmyth,

I thought after 2006 USCIS not scheduling any interview if background cheks (most importantly namecheck) is not done. Is this not true anymore?
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At USCIS nothing seems to be 100% always the same, in general yes, they don't schedule interview until the name check has cleared. However, there have been quite a few instances of delays after interview due to background checks. It has never been clear to me what kind of check this is. I am pretty sure they have to run another IBIS and perhaps other checks before actually issuing the oath letter. It could be that one of these reveal a hit that needs to be cleared (could be a false positive hit) before they can issue the oath letter. However, I am not sure about this.
 
new9000 said:
I appreciate your reply Bobsmith, but I still wonder about form N-445 when says separation they might mean only legal separation as Huracan said.. Also, I have been reading USCIS laws and regulations, and at any moment says until oath. Only if you get divorced, then it seems to be a sure thing for a denial. I also look for clarifications about the case by case basis, someone interpreted that the case by case basis could be related only to the 3-year statutory period. I decided for an infopass appointment for this week, and I hope I will find out. I will keep you posted.Thanks for your help!!
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If I were you, I would check yes to the question about marriage, separation, etc. and let USCIS make a decision.
 
Huracan said:
At USCIS nothing seems to be 100% always the same, in general yes, they don't schedule interview until the name check has cleared. However, there have been quite a few instances of delays after interview due to background checks. It has never been clear to me what kind of check this is. I am pretty sure they have to run another IBIS and perhaps other checks before actually issuing the oath letter. It could be that one of these reveal a hit that needs to be cleared (could be a false positive hit) before they can issue the oath letter. However, I am not sure about this.
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There a lot of cases with people waiting for the background checks to be cleared after the interview. While I was waiting for my appointment today, another person was asking if her backgroung check had cleared for I-485 application.
 
new9000 said:
There a lot of cases with people waiting for the background checks to be cleared after the interview. While I was waiting for my appointment today, another person was asking if her backgroung check had cleared for I-485 application.
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I-485 interview has different procedure than N400 that is why. I can tell %99.99 of the cases they don't schedule interview if your background check not done completely. Usually they run another background check for N400 applicant if they figured out a new thing at the interview. However, as Huracan pointed out, nothing is exact same at USCIS.:)
 
immigrant7777 said:
I-485 interview has different procedure than N400 that is why. I can tell %99.99 of the cases they don't schedule interview if your background check not done completely. Usually they run another background check for N400 applicant if they figured out a new thing at the interview. However, as Huracan pointed out, nothing is exact same at USCIS.:)
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I respect your opinion immigrant 777, but I will have to disagree with that. There are many citizenship cases pending due to background checks. 99.9% is a very high assumption. I have nothing wrong with my background to have any kind of problems or red flags at the time of interview. The only thing that is happening is my separation which happened after interview. I know that I-485 applications are different from N-400 applications, but they both require background checks, and they are still not ready at the interview for some.
 
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To me all these look like guesses. If they do another background check after interview, how do some DO's hand out Oath letter or even have same day Oath like 2-3 hours later.
 
In my case I received a letter from the local office stating my interview was cancelled for unforeseen circumstance after NBC set it up already. I contacted USCIS (national) in which I was told my name check is cleared. The local office still insisting that my name check is pending. My congresswomen contacted the FBI and USCIS regard my name check and was told I have two birth dates in their record (one was cleared and the second pending). Here how I look at it, NBC will schedule your interview and send your application to the local office after the name check is cleared. The local office may find discrepancy in your record (when comparing your N400 and the A-file). If that is the case the information will be sent to FBI for more check. In my situation, a date of birth typo in my Adjust of status application triggers the second FBI name check. Although the typo issue was resolved even before my green card was approved, but there is smart ??? in my local office thought he found something serious and put me through this nightmare.
 
new9000 said:
I respect your opinion immigrant 777, but I will have to disagree with that. There are many citizenship cases pending due to background checks. 99.9% is a very high assumption. I have nothing wrong with my background to have any kind of problems or red flags at the time of interview. The only thing that is happening is my separation which happened after interview. I know that I-485 applications are different from N-400 applications, but they both require background checks, and they are still not ready at the interview for some.
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Seperation is a background issue as well. Don't think background check is only for criminal act. On the other hand, %99.99 is not too high if you compare amount of people who applied for citizenship vs people having second background check after interview. It is millions vs couple of hundereds.
 
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