NY_Waiter
You say that you really want to be a US citizen, but then I don’t understand why you were not serious last two times when your applications were denied?
The first time you did the right thing when you made a request to INS to withdraw your application even though you were already interviewed. Because an applicant, who files a naturalization application based upon 3 yrs of being married with a US citizen, must need to remain happily married until s/he becomes a US citizen. That means s/he must need to remain happily married until s/he takes an oath, and not until an application is approved. Any separation between the parties, formal or informal, breaks the continuity of the relationship for naturalization purpose.
It could be possible that INS might not know about the separation when they will approve someone’s application, but if they would even find out about the separation then such person’s citizenship would be revoked and s/he would be placed on deportation proceeding. One cannot say how and when INS would know about this. This kind of thing is very easy to be known by INS because INS always asks for a divorce record whenever an alien files for any kind of immigration application or if an alien would file any kind of application for someone else. That application doesn’t need to be a marriage based application; rather it could be for any kind of immigration benefit because INS always asks for a divorce record.
Actually, INS would come to know about this not only thru alien when alien would file an application for immigration benefit for himself/herself or for somebody else; rather INS would know about it when other person (US citizen) would ever file a application with INS for someone else as well.
And since you were separated from your wife after the interview but before the Oath, then you had to withdraw your case as you were not eligible for citizenship based upon 3 yrs rule. However, you did the biggest mistake by not sending your request by certified mail with signature required. Always use this method to send correspondence with INS. This shows how careless you were.
Further, I also wonder why your attorney did no receive a notice for RFE (Request for Evidence) from INS at that time about your naturalization application as adjudication officer did mention to you in your second interview about mailing a RFE to you. Whenever someone has an attorney, INS sends notice of everything to both-attorney and the applicant. Maybe, you did not have an attorney, and when you said in your post about contacting an attorney who advised you to withdraw your application, then it seems that you might have just sought out a consultation only with that attorney at that time. Anyway, it doesn’t matter anymore. Denial or withdrawing a naturalization application is same thing, unless an application is denied because of finding of criminal activity.
As for your second time, then officer should and must not have asked you so many questions about your marriage because you did not file naturalization application based upon 3 yrs during that time. You did biggest mistake by not appealing that decision. You could have been approved. Some officers are prejudice against immigrants and that officer is seemed to be; otherwise your application should not have been denied.
The information you have provided about your immigration journey, I don’t see any problem at all. Previous denials won’t impact your new application, nor officer will ask you any question about your previous marriage. Make sure to take your attorney with you this time. This way officer won’t ask you irrelevant questions and will stick to the legality of the case.
However, there is something I’m wondering about. Why you have waited until now to file a new application even though your last denial was a year ago, especially when you say that you really/really want to be a US citizen? You should have appealed the decision or should have filed another application already by now. Anyway, you will be all right this time, believe me.
Good Luck!
