Application Denied-I need to widraw and reapply

A

Aniket19

Registered Users (C)
Today I had appointment. IO took me in, I took oath, than she asked me to sit down, verified my date of birth while operating computer and asked for my Passport and Green Card. Than she started talking to me. She said listen to me carefully whatI am going to say. Than she said I can't approve your application today (I thought my file didn't make it today or they need more information) because when you apply on marriage basis, your spouse was not citizen for 3 years. She said I should have applied after April 25 not before. I even asked her are you sure and she said yes I am doing this for 10 years.

She said you need to withdraw the application and reapply again. She also said I have to go for Finger Print again.
On the widrawal form she wrote following with red pen:

The applicant's spouse's naturalization time is not 3 years at the time of N-400 application. The applicant will re-file N-400 again soon.

I had applied (N-400) on marriage basis on 02/04/09 with 90 days rule(I applied at 85 days) . My wife became citizen on April 25 2006. My questions are following:

1- Can IO denied because according to IO 90 days rule doesn't apply for spouse or I had bad IO? Anyone in this situation before?.

2- Do I have to go for finger printing again (according to IO I need to since I am reapplying)?

Please help me since I am having one of the bad day of my life. Thank you
 
1. Yes, IO is right, the earliest you could have applied is April 25 2009. The 90 day rule applies, but there is a higher rule that has to be met, which is you must be married 3 years to a US citizen. That means that time before your wife was a US citizen doesn't count. You need to count 3 years after she became a citizen. That means you can apply right now.
2. Yes, another fingerprints. Basically you'll have to go through the whole process again.

Sorry for this to have happened to you. I understand that the 3 year marriage rule and the 90 days gets confusing
 
A****t19, after all's said and done, you're not in a bad situation at all. Granted, you're out $675 but it's not end of the world. You can apply right now and be a citizen in 4 months. So cheer up, no need for being dejected. You're only just a month past your actual April 25 date that you're qualified for, so you only lost a month.
 
This is an interesting question and I am not sure about the right answer.

The regulation states that the applicant must "[h]as been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period;" Note it does not say preceding the date of application; it says the date of examination--your interview date.
 
The 90 day early allowance rule applies to continuous residence as LPR only, not to marriage to US citizen. Unfortunately you'll have to withdraw and reapply.
 
thankful said:
This is an interesting question and I am not sure about the right answer.

The regulation states that the applicant must "[h]as been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period;" Note it does not say preceding the date of application; it says the date of examination--your interview date.
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You need to go by what INA 319 says:

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4
 
thankful, with all due respect the original poster shouldn't be thankful for your misleading post ;) Where did you get your information from? Here is the law:

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
 
Ok, Bobsmyth beat me to it ;)

thankful, honestly, no offense meant. I was just trying to make a play of words with your forum username ;)
 
Thank you everyone for your quick reply and comfort. I have reapplied again today on marriage basis. Hope everything go well as went with my first application. About finger printing, I thought finger printing is good for some months.

Also I just got question in my head (since I had all this mess) that I didn't get green card on marriage basis, can I still apply N-400 on marriage basis. Again thank you all for support.
 
A****t19 said:
Also I just got question in my head (since I had all this mess) that I didn't get green card on marriage basis, can I still apply N-400 on marriage basis.
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Yes you can apply on the 3-year marriage basis no matter how you obtained your green card. But if you have 5 years as an LPR it may be better to apply under that basis instead, as that enables you to avoid answering extra questions and providing extra documentation about your marriage that would be required with the 3 year marriage rule.
 
I agree with Jackolantern, if you can file both under marriage or under 5 year rule, it is better under 5 year rule. Less hassle.
 
Huracan said:
Ok, Bobsmyth beat me to it ;)

thankful, honestly, no offense meant. I was just trying to make a play of words with your forum username ;)
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The quote that I provided before comes from Sec. 319.1(a)(3) of Title 8 of the Code of Federal Regulations. Obviously, the INA itself trumps the regulation. However, I am surprised that they drafted the regulation in this way. Typically, regulation is vetted pretty extensively before it is finalized. I wonder how that slipped by.
 
I wonder why USCIS still grant an interview in such a black and white situation to waste all parties' time. They should just return the package
at the very start for everyone's interests
 
WBH said:
I wonder why USCIS still grant an interview in such a black and white situation to waste all parties' time. They should just return the package
at the very start for everyone's interests
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Returning the package would mean returning the check. So they will provide you the royal service that you applied for, waste everyone's time, fingerprint you, take you through the interview, and deny you, after having cashed the check;)
 
Anik*t,
Sorry to hear about this buddy. Anyways, the good news is that you technically only lost about a month. Since you could have only applied on April 25th anyways. And don't worry, We are here to help you if you need any. We got your back :)
 
thomas5 said:
Anik*t,
Sorry to hear about this buddy. Anyways, the good news is that you technically only lost about a month. Since you could have only applied on April 25th anyways. And don't worry, We are here to help you if you need any. We got your back :)
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Thanks man. The thing bothering me is I have to go through everything again, wait for them to cash the check, wait for receipt, FP, IL, ID. I just been through, It was exitement at first time but not again when I thought I was done. I guess I have no choice. I will be fine in couple days:). Thank you everyone for listning me.
 
prithis said:
Returning the package would mean returning the check. So they will provide you the royal service that you applied for, waste everyone's time, fingerprint you, take you through the interview, and deny you, after having cashed the check;)
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Has it ever occured that anyone been denied after check icashed but before the interview?

Or everyone can get an inetrview as long as teh chekc is cashed.
 
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