2nd interview

Maxie1

Registered Users (C)
#1
Hi all,
Here is my experience so far, I received my GC through marriage to a US Citizen. We had no problem with the first two steps of the temporary and permanent green card. After 3 years, we applied for citizenship, and here the problems began. I came in for my interview, prepared with all the paper work and even more, I heard stories about tax forms not being enough, so I brought transcripts, I had utility bills, rent agreements, car title and insurance, handed everything to the officer, and was told that there is too much information and they cant approve my application because they have to review it, and I was sent home. After almost a month, I received a letter asking me and my husband to come in for a second interview, and bring more documents. This time we brought bank statements, photos, affidavits, and some junk mail in both our names. At the second interview we were questioned separately, which I thought only happened if while being questioned together there is something wrong, but in our case it was right away. I went in first and was asked all kinds of questions for about an hour and a half. After I (the applicant) was done, my husband went in and was asked the same questions. When it was over our attorney, who was there with us, was trying to understand why the officer refused to approve our application even though we both had the same answers to everything. The officer told us that they want to see our call records, and will send us a letter requesting more evidence. This is frustrating, did anyone have a similar experience? Can anyone say what can happen next? I know there are so many possibilities but I want to know what I should expect. Can they call us for a third interview? what are possible next steps?

I know the only thing I can do right now is to wait for the letter, I just dont know what to expect. I thought that the green card process is the harder part, but it seems like in our case it's the N-400.
 

helpmefightback

Registered Users (C)
#2
I brought transcripts, I had utility bills, rent agreements, car title and insurance, handed everything to the officer, and was told that there is too much information and they cant approve my application because they have to review it, and I was sent home. After almost a month, I received a letter asking me and my husband to come in for a second interview, and bring more documents. This time we brought bank statements, photos, affidavits, and some junk mail in both our names. At the second interview we were questioned separately, which I thought only happened if while being questioned together there is something wrong, but in our case it was right away. I went in first and was asked all kinds of questions for about an hour and a half. After I (the applicant) was done, my husband went in and was asked the same questions. When it was over our attorney, who was there with us, was trying to understand why the officer refused to approve our application even though we both had the same answers to everything. The officer told us that they want to see our call records
Hi Maxie1,
In my opinion, I believe that you are very close to approval. USCIS is just requesting a bit more proof from you.
They are questioning your marriage and whether it is bona fide or not. They are giving you the opportunity to provide proof that your marriage is genuine; that is why they conducted stokes interviews and now are requesting phone records. Unfortunately the burden of proof is on us, the applicant, and if one cannot prove that their marriage is one of a bona fide nature, then USCIS will conclude that a green card was issued to you under false pretenses, therefore, your N-400 will be denied. However, as long as the info you provided are joint (tax returns filed married, bank statements, etc.) and based on the interviews that you and your husband went through (having the same story) and the amount of documentation you provided during the first and second interview, I would say you are close to an approval.

This is my opinion only and just giving my 2 cents. If my wife and I knew back then what we know now, about the process, we would have prepared ourselves better, many years ago. As you know I am still going through the N-400 process myself.
 

Jackolantern

Registered Users (C)
#3
Hi all,
Here is my experience so far, I received my GC through marriage to a US Citizen. We had no problem with the first two steps of the temporary and permanent green card. After 3 years, we applied for citizenship, and here the problems began. I came in for my interview, prepared with all the paper work and even more, I heard stories about tax forms not being enough, so I brought transcripts, I had utility bills, rent agreements, car title and insurance, handed everything to the officer, and was told that there is too much information and they cant approve my application because they have to review it, and I was sent home.
You shouldn't automatically dump a truckload of documents on them. Bring the truckload to the interview, but selectively give a few documents based on what they specifically ask for, and use your judgment to give a few more documents based on their reactions to your questions (e.g. if they don't seem to believe something you said, show a document to prove what you said is true).

Is there anything about your circumstances that would raise red flags ... are you living apart or do your driver's licenses have different addresses? Do you file taxes separately?

How long ago was the first interview?
 

Maxie1

Registered Users (C)
#4
You shouldn't automatically dump a truckload of documents on them. Bring the truckload to the interview, but selectively give a few documents based on what they specifically ask for, and use your judgment to give a few more documents based on their reactions to your questions (e.g. if they don't seem to believe something you said, show a document to prove what you said is true).

Is there anything about your circumstances that would raise red flags ... are you living apart or do your driver's licenses have different addresses? Do you file taxes separately?

How long ago was the first interview?
Thanks for your input! Nothing really that should raise red flags. 4 years of taxes filed jointly. Drivers license with same address. the first interview was very short. the only questions I was asked is what my husbands job is. thats it... and when I was asked to provide information the officer simply asked "what do you have to show you are married?", I asked if she wanted a marriage certificate, and she said that she doesnt need that but rather any kind of proof, thats when I handed her the documents without knowing what she really needs. she took a quick look at the documents and added all to the file. thats it. I also had pictures with me that I didnt give her, and she didnt ask for at the first interview. But I did bring those to the second one.

Honestly I feel like we provided all the information we had, and its more than enough and more than usually requested by officers at such interviews. I checked my case status and it says that a request for evidence was sent, waiting for the letter... We did consult an attorney for the second interview, and were told that the officer we are dealing with is a tough one and that most people filing based on marriage go through a long and tiring process with her, I guess thats our luck... Ill keep you updated on what happens next
 

Maxie1

Registered Users (C)
#5
Hi Maxie1,
In my opinion, I believe that you are very close to approval. USCIS is just requesting a bit more proof from you.
They are questioning your marriage and whether it is bona fide or not. They are giving you the opportunity to provide proof that your marriage is genuine; that is why they conducted stokes interviews and now are requesting phone records. Unfortunately the burden of proof is on us, the applicant, and if one cannot prove that their marriage is one of a bona fide nature, then USCIS will conclude that a green card was issued to you under false pretenses, therefore, your N-400 will be denied. However, as long as the info you provided are joint (tax returns filed married, bank statements, etc.) and based on the interviews that you and your husband went through (having the same story) and the amount of documentation you provided during the first and second interview, I would say you are close to an approval.

This is my opinion only and just giving my 2 cents. If my wife and I knew back then what we know now, about the process, we would have prepared ourselves better, many years ago. As you know I am still going through the N-400 process myself.
Thank you so much for your feedback. I really hope you are right regarding the close approval, although I was hoping to be a citizen by now :) I'm wondering what happens if someone is denied in such a case. can they simply wait a couple more years and apply based on the 5 year rule? If so, I guess I shouldnt worry that much. If I knew this will happen I would wait the extra 2 years... Best of luck to you!!
 

helpmefightback

Registered Users (C)
#6
Thank you so much for your feedback. I really hope you are right regarding the close approval, although I was hoping to be a citizen by now :) I'm wondering what happens if someone is denied in such a case. can they simply wait a couple more years and apply based on the 5 year rule? If so, I guess I shouldnt worry that much. If I knew this will happen I would wait the extra 2 years... Best of luck to you!!
Yes, you can apply under the 5 year rule (actually 90 days prior); unless USCIS finds that you were issued a GC under false pretenses. If this happens then USCIS will not allow you to file another N-400 and they will go through the motions to revoke your GC. In my opinion, you do not have to worry about this....you will be approved in due course. Every officer does their job in a different manner. Some are tough and some not so tough....depends on your luck. Just keep positive and go through the motions.....it will be over soon.
 

helpmefightback

Registered Users (C)
#7
You shouldn't automatically dump a truckload of documents on them
I think it's safe to say that she didn't "dump" the info on the officer. I'm sure she was asked for the requested info first before giving it to them. I think the officer could have handled this in a more reasonable and efficient manner. The applicant handed the info over but the officer apparently was overwhelmed at the amount of info. It is the officer's responsibility to ask the applicant for certain info (which did not transpire from the sounds of it) and have the applicant go through her stack of documents to produce it so that the officer can establish if all of the requested info is being provided, instead of flat out saying that it is too much info and that they need to review it.
 
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helpmefightback

Registered Users (C)
#8
......I checked my case status and it says that a request for evidence was sent, waiting for the letter... We did consult an attorney for the second interview, and were told that the officer we are dealing with is a tough one and that most people filing based on marriage go through a long and tiring process with her, I guess thats our luck... Ill keep you updated on what happens next
Hi,
Have you received the RFE? If so, what information are they requesting this time?
 

Maxie1

Registered Users (C)
#9
Hi,
Have you received the RFE? If so, what information are they requesting this time?
I did :( They are requesting so much more now... They want detailed phone calls, second car insurance, and have some questions about our tax returns that they want us to explain. It seems like they are trying to check if what we said during the interview was in fact correct, the only problem is that some of the documents they ask for are not available to me. I should hear from my attorney tomorrow and see what are the next steps. Again the attorney said we shouldnt worry and the officer reviewing our case does that to all married couples, but haw can you not worry about something like that?

how is your case progressing?
 

Jackolantern

Registered Users (C)
#10
I think it's safe to say that she didn't "dump" the info on the officer. I'm sure she was asked for the requested info first before giving it to them.
What I meant was that when asked for the information, 100+ pages of stuff were given to the interviewer instead of 20-30 pages of carefully selected documents.
 

Maxie1

Registered Users (C)
#11
What I meant was that when asked for the information, 100+ pages of stuff were given to the interviewer instead of 20-30 pages of carefully selected documents.
Actually there were not 100+ pages, and all was very carefully selected :) taxes are a requirement, rent agreements, utility bills, and car insurance are standard things officers look for in such cases. The way it seems the officer knew she was going to send me home even before I walked in. I've been to USCIS before for my green card interview, and know plenty of people who went through this or similar process, all were asked for specific things, never such a general question as "what do you have to show?"
 

helpmefightback

Registered Users (C)
#12
how is your case progressing?
Hi,
I got an email last Friday. It said "Your N-400 Application for Naturalization is still pending consideration. We regret that we are not able to give you a timeframe for when we will complete the review of your application...." But it came directly from the NYC field office as it indicated the sender's info at the very beginning of the email message:

U.S. Department of Homeland Security
Jacob Javits Federal Building
26 Federal Plaza
New York,NY 10278

U.S. Citizenship and Immigration Services
Friday, May 3, 2013

So, at least the field office responded directly to me re: my service inquiry. Hopefully it prompted them to dust off my file and review it to make a formal decision already :)
 

Maxie1

Registered Users (C)
#13
Hi,
I got an email last Friday. It said "Your N-400 Application for Naturalization is still pending consideration. We regret that we are not able to give you a timeframe for when we will complete the review of your application...." But it came directly from the NYC field office as it indicated the sender's info at the very beginning of the email message:

U.S. Department of Homeland Security
Jacob Javits Federal Building
26 Federal Plaza
New York,NY 10278

U.S. Citizenship and Immigration Services
Friday, May 3, 2013

So, at least the field office responded directly to me re: my service inquiry. Hopefully it prompted them to dust off my file and review it to make a formal decision already :)
I just hate it how people are not taken into consideration during this whole process... My husbands file was lost and it took him 10 years to get his citizenship, can you believe?? they should give a reasonable time frame and stick to it! If I knew this will take almost a year, I would have waited the extra two years and avoided the whole problem :(
 

helpmefightback

Registered Users (C)
#14
I just hate it how people are not taken into consideration during this whole process... My husbands file was lost and it took him 10 years to get his citizenship, can you believe?? they should give a reasonable time frame and stick to it! If I knew this will take almost a year, I would have waited the extra two years and avoided the whole problem :(
I agree.....If I knew this would be the case I would have waited and applied under the 5 year rule.
 

Jackolantern

Registered Users (C)
#15
Remember they have 120 days after the first interview to make a decision. So they can't drag this out forever unless you let them. If they take longer than 120 days you can file 1447(b).
 

helpmefightback

Registered Users (C)
#16
Remember they have 120 days after the first interview to make a decision. So they can't drag this out forever unless you let them. If they take longer than 120 days you can file 1447(b).
Yes, I realize that and actually it will be 120 days next Monday, May 13, 2013. The problem is filing 1447(b) costs in excess of $300, which we do not have. I've also considered requesting case assistance, via DHS-7001, from the Ombudsman and writing to my Senator for assistance but have heard the turn around time for a response from each is about 3 months.

I'm actually considering filing a new N-400 under the 5 year rule (with I-912 fee waiver request attached). However, my current case is still pending. Can one file a new N-400 application if the original is still pending? If so, would the original N-400 application have to be withdrawn?
 
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Vorpal

Registered Users (C)
#18
Yes, I realize that and actually it will be 120 days next Monday, May 13, 2013. The problem is filing 1447(b) costs in excess of $300, which we do not have. I've also considered requesting case assistance, via DHS-7001, from the Ombudsman and writing to my Senator for assistance but have heard the turn around time for a response from each is about 3 months.
Requesting assistance from your senator will trigger a congressional inquiry, nothing more. Contacting the USCIS Ombudsman is an even bigger waste of time. The only way to get any kind of movement on your application is to file a lawsuit under 1447(b). Jackolantern is 100% correct.
 

Maxie1

Registered Users (C)
#19
Requesting assistance from your senator will trigger a congressional inquiry, nothing more. Contacting the USCIS Ombudsman is an even bigger waste of time. The only way to get any kind of movement on your application is to file a lawsuit under 1447(b). Jackolantern is 100% correct.
I hope it wont have to come to that... :/
 

helpmefightback

Registered Users (C)
#20
Replies received from Senator's office and Ombudsman's office re: N-400

I hope it wont have to come to that... :/
Replies received from Senator's office and Ombudsman's office.

Senator's office says "your application is with an Officer pending further review and will be adjudicated once the reviews are complete.

The Customer Assistance Office (office of the Ombudsman) says that the NYC field office informs that "the N-400 application was forwarded to their Adjudications Unit for final resolution. Once a decision is made you will by notified by mail"

What does this really mean, that my N-400 has been "forwarded to their Adjudications Unit for final resolution"?
 
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