Citizenship Interview: Decision Can not be made. IO asked why did I leave sponsoring citizen wife.

runbird

Registered Users (C)
I had citizenship interview, result: Decision can not be made. Sorry 4 posting here. Don't know how to blog or post in appropriate place. First timer,...

Can you please help me what might happen:
1. Are they going to approve my application or is there any chances of approval.
2. What can I do if denied.
3. Do I loose status (PLR) if denied.

IO asked several times following questions several times:
1. Why I did not live with my sponsoring wife more than 10 months.
2. Our marriage life was only 10 months in real sesne.

Fact:
2001:Engaged.
2002: Married.
2006: Arrived usa (February) on marriage based visa.
2006: Left the home (wife and family forced me to move) though wife pretended go to your bro place finish your school and come back. In the mean time, we will visit each other. Long story, trust me, I was forced to move out.
2008: Wife filed for divorce.
2010: Divorce finalised.
 
I had citizenship interview, result: Decision can not be made. Sorry 4 posting here. Don't know how to blog or post in appropriate place. First timer,...

Can you please help me what might happen:
1. Are they going to approve my application or is there any chances of approval.
2. What can I do if denied.
3. Do I loose status (PLR) if denied.

IO asked several times following questions several times:
1. Why I did not live with my sponsoring wife more than 10 months.
2. Our marriage life was only 10 months in real sesne.
3. Why don't I communicate with my son.

Fact:
2001:Engaged. (my home country)
2002: Married. (my home country)
2006: Arrived usa (February) on marriage based visa.
2006(November): Left the home (wife and family forced me to move) though wife pretended go to your bro place finish your school and come back. In the mean time, we will visit each other. Long story, trust me, I was forced to move out.
2008: Wife filed for divorce.
2010: Divorce finalized.
Child support: Regularly pay child support. Could not communicate b/c they forced me to accept a reunification therapy with expert, who is unwilling to see me. Its complicated. I am filing a motion with the court.
 
Really appreciate if somebody can shade some light on this issue. This journey was too painful 4 me. Left a job what I had for 15 yrs, left pension, came here, worked like a dog 3+ job , school, graduation and unemployed, student loan, attorny expense ( 2 attorney, had to fire first one who was working in favor of counter part), alimony, child support ( monthly payment was more than income for 1.5 yrs).

Don't know what is waiting next. Ask God for Help every day. Hope get some good decision. I pray so that "No One" goes through what I went through. Even I don't want my worst enemy to go through this ! Believe me, its like a "Journey through the tunnel of a Shit" or "Walking through a long dark tunnel, just started to see a beam of light, not sure if its end of tunnel or a train is coming from opposite direction.

Again, appreciate your time ! God Bless !
 
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5 yrs rule

When you came to the U.S. in 2006, did you get a regular 10-year validity green card? Or did you receive a conditional (2yr validity) green card first? If the latter, when was I-751 filed and when was it approved?
 
From 2002 to 2006 when you were living in your original country, was your ex-wife living with you? You mentioned child support ... was that child with your citizen ex-wife?
 
When you came to the U.S. in 2006, did you get a regular 10-year validity green card? Or did you receive a conditional (2yr validity) green card first? If the latter, when was I-751 filed and when was it approved?

@Baikal3

1. I got 10 yrs green card. I did not see any condition.
2. I did not know what is I-751, never filed.
 
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@ Jackolantern:

1. From 2002-2006: Wife lived in u.s. & I was in my home country.
2. Wife visited me in 2002, 2003, 2004 and I never visited u.s. (I wanted to visit, but ex-wife suggested that any visit might jeopardize the immigration application).
3. Her each visit was 3-4 wks ( not more since she had a new full time job) and she lived with me for those time.
4. Yes, the child is with the citizen ex-wife. The child is our only child and me and she never had another child from any other relation.
 
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@ Jackolantern:

1. From 2002-2006: Wife lived in u.s. & I was in my home country.
Why the long separation? Was she a green card holder waiting to become a citizen?

2. Wife visited me in 2002, 2003, 2004 and I never visited u.s. (I wanted to visit, but ex-wife suggested that any visit might jeopardize the immigration application).
That suggestion was incorrect. The immigration application would have jeopardized your ability to visit, but not vice versa.

4. Yes, the child is with the citizen ex-wife. The child is our only child and me and she never had another child from any other relation.

Good. That will make it very difficult for them to show that you didn't have a bona fide marriage.
 
@ Jackolantern:

For your information, I have few documents to show if they are asked:
1. Ex-wife was my NOK(next of Kein), i;e; beneficiary for my government pension.
2. Ex-wife's name is written in " Retirement Book" which describes my all training, service record, retirement benefits, though I used my home address as her address, not her u.s. address.
3. My marriage was published in monthly government circular as governmental references.

I have the original copy of the "Retirement Book" with me and I do not have copy of the "NOK" selection and government circular but I will be able to get that in 1 months.

Thought, if its relevant and will help me to defend my marriage.
 
@Baikal3

1. I got 10 yrs green card. I did not see any condition.
2. I did not know what is I-751, never filed.

I see. Regarding item 2), you did not have to file I-751 because your initial GC was already a regular 10 year validity green card rather than a conditional green card.


Regarding your overall situation: It does look fairly complicated and it is somewhat difficult to predict what exactly will happen. You'll just have to wait for the decision on your N-400 application, although in the meantime it may be a good idea to consult an immigration lawyer to prepare for the possible consequences in the even your N-400 is denied.

You filed N-400 under the 5 year rule, so the condition of your marriage is not directly relevant to your naturalization eligibility. However, one of the general requirements for naturalization eligibility is that the applicant maintained lawful permanent resident status prior to filing N-400. In the worst case, if the IO considering your N-400 application decides that your marriage (on which your GC application was based) was fraudulent and was only entered into with the purpose of obtaining a green card, the IO may deny your N-400 and even initiate deportation proceedings.

Ordinarily, having been married for 4 years (from 2002 to 2006) prior to obtaining a green card is more than enough to demonstrate that the marriage was a bona fide valid marriage. In your case, however, the situation is complicated by the facts that you never actually lived together with your wife prior to coming to the U.S. and that after coming to the U.S. you only lived together for a relatively short time. On the other hand, you do have a child from that marriage (I assume you are listed as the father on the child's birth certificate, right?), which is a very strong factor in favor of the validity of the marriage.

As far as I can tell, there are three main possible outcomes:

1) Your N-400 application is approved after some wait. In my (completely unprofessional) opinion this is the most likely outcome. The fact that you had a child from the marriage is a very strong factor that the marriage was not fraudulent and it is rather hard for me to imagine that the IO would find it otherwise.

2) The IO denies your N-400 on the grounds that your GC was obtained through fraud/misrepresentation, but does not initiate deportation proceedings. In that case, depending on the specific wording of the denial letter, you may be able to file another N-400 right away, and, in any case, you'll be able to appeal the denial.

3) Worst case scenario: the IO denies your N-400 on the grounds that your GC was obtained through fraud/misrepresentation, and does refer the case to immigration judge for deportation proceedings. In that case you'd have to fight deportation in court and, if successful, will be able to file another N-400.

There are additional ramifications possible, depending on specifics and on what documentation your provided to the IO at the interview. For example, you N-400 may be denied if you did not provide sufficient evidence that you pay child support (always and not just from time to time). Or if there are additional factors, such as not disclosing some relevant information in your N-400 application, or something like that. But overall, the three options above are the main possible outcomes.

Like I said, IMO, it is more likely than not that your N-400 will be approved. It is not enough for the IO to have mere suspicions that the marriage was fraudulent and the fact that you had a child from that marriage is a very strong factor in favor of the marriage's validity.
Still, the only thing you can really do now is wait (unless at the interview the IO requested that you mail in some additional evidence) and hope for the best. Plus, as I said, you could consult an immigration lawyer now regarding preparations for a possible negative outcome of your N-400.
 
Why the long separation? Was she a green card holder waiting to become a citizen?

@ Jackolantern:

No, she was a citizen by birth. But delay happened for fol reason:
1. Ex-wife took sometime to apply for me, it was based on mutual discussion b/c that will buy some time for me to get release order from my government, which was always difficult.
2. Local consulate office took unprecedented longer time to approve my visa saying "Did not get security clearance"
 
@Baikal3

Thnks @Baikal3 for providing such a in depth insight.

IO repeatedly mentioned, "You only lived few months together". He did not ask much questions. Yes, I do pay child support regularly since July 2010 when I got full time job. I have arrears child support for the period 2009 to 2010 when I did not have any income and they take additional money to recover the arrears. To the best of my knowledge, the child's birth certificate has my name as father. I never saw that, I never inquired that. Child was born when I was away and I kept his name and my ex-wife then told me that she had difficult time putting my name as nurses wanted to see me but I was not in u.s. then. But finally she was able to put my name in the certificate. Is there a way I could ask for a copy, how ?

But at the end IO responded, " You will hear from us in 3-4 weeks and it will be either of the two (a) You need to provide more documents (b) you come for Oath Ceremony. But he was not very convincing, ....
 
You need to get the child's birth certificate. Ideally you should have obtained it before applying, and brought it with you to the interview.

If the child was born in the US, you can get another birth certificate issued to you from the state or county of birth.
 
You need to get the child's birth certificate. Ideally you should have obtained it before applying, and brought it with you to the interview.

If the child was born in the US, you can get another birth certificate issued to you from the state or county of birth.

@Jackolantern

Thanks Jackolantern and others for your time. I will look for any and every insight on this matter since its absolutely critical for my survival at this time of my life.

Getting Birth Certificate: I dont know my son's social but I do know his name, date of birth, mother's name, name of hospital, county. Whom do I talk to ? Any suggestion.
 
Contact the records dept. at the hospital... They're usually the ones to provide you with another copy of all the records that are kept there.
 
Hospitals won't issue birth certificates*, but they can direct you to the appropriate government office where you can obtain it.


*they may issue birth records that look like a certificate, but those are not legally considered to be birth certificates.
 
Getting Birth Certificate: I dont know my son's social but I do know his name, date of birth, mother's name, name of hospital, county. Whom do I talk to ? Any suggestion.

Every state has its own procedures for obtaining copies of vital records, such as birth certificates. Vital records are usually controlled by the Department of Health/Public Health of a particular state.

See the federal government vital records page with links to the websites of individual states:
http://www.cdc.gov/nchs/w2w.htm

You may also be able to get a copy of the birth certificate directly from the hospital where your son was born, although I am not sure about that. Worth giving it a try...
 
Hospitals won't issue birth certificates*, but they can direct you to the appropriate government office where you can obtain it.


*they may issue birth records that look like a certificate, but those are not legally considered to be birth certificates.

I never said hospitals will issue birth certificate's copy, but they will issue records.***
 
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