interview(decision cannot be made)

hi everyone
thanks to all of ur help.
i went to lawyer but he said to withdraw the case or collect all documents which they r asking.
now please advise me that what should i do?
as my wife is ready to file divorce paper?
she is pregnant & tomorrow is her due date but yesterday she told me that she cheated on me while i was away.she told me that baby is not mine, i am so confused.
all sad news came all together.
please advice me what i should do?
i just want to withdraw my case,what should i write to IO?
will it effect my greencard?
can i apply for citizenship after 5yrs complete?
all reply will be appreciated
 
raosaab said:
went to lawyer but he said to withdraw the case or collect all documents which they r asking.
now please advise me that what should i do?
as my wife is ready to file divorce paper?
i just want to withdraw my case,what should i write to IO?
will it effect my greencard?
can i apply for citizenship after 5yrs complete?
Click to expand...

What are the options do you have now?

#1. Continue with the application. Problems are that your wife is unwilling to support you, your marriage is not there (legally it might be), you are unable or unwilling to get the documents, and your travel outside along with the cheating fact casts serious doubts on the last 3 years of your marriage.

#2. Withdraw the application with unknown consequences.

I can not predict what the CIS is going to do. As I see it, this case is suspect from the beginning, even before I heard of the divorce and cheating. Going beyond legal advice into a personal comment, I suspect you knew about the odds of your case and the health of your marriage even before you filed N400, and basically took a chance. Maybe the IO sees it the same way, maybe not. How much of this information he has, and how much is suspicion, you can never find out.

Once again, you have to take a chance. Continue satisfying IOs requests for documents and hope you get through, or abandon the N400.

Given the known information at this point ... and again, the IO may know a lot less ... I would withdraw if I were in same spot. Because if you get into a second hostile interrogation type interview, it would have serious consequences.

What happens to green card - never know. As long as your wife does not divorce you today, does not file any report with CIS about it, and you let the clock run out ... maybe you scrape through, even though it is not in the spirit of the law. Maybe not. I would be more optimistic about keeping green card, but don't go and file N400 right on the 90 days less than 5 years mark. Have some patience, build some track record, stay in US most of the time, do not get into traffic tickets and all...
 
Your wife isn't going to file anything with USCIS - the last thing she filed was to remove restrictions from your Green Card, so she can't go back now and say that the marriage was a sham all along without getting herself into trouble as well.

That does not mean that USCIS cannot make the same determination (i.e. the marriage was a sham). If they do so, they will yank your green card.
 
Jackolantern said:
If he withdraws the application, he doesn't have to explain that to USCIS.
Click to expand...

Depends on the IO and their supervisor. He may not be allowed to withdraw his application without satisfying the RFE (or attempting to satisfy the RFE).

In this particular RFE, USCIS is saying that they have some reason not to believe the applicant. If Applicant's response to their 'We don't believe you' is 'I don't have that proof, give me my application back', they're not going to let this go so easily.

Either way, this application is dead. If OP's marriage was genuine (and he hasn't fibbed in this application or to the IO) , then he gets to re-apply in 2 years time. If he's fibbed to the IO or in the N400 regarding material facts ('to gain an immigration benefit'), then depending on the seriousness of the fib, he gets to wait 5 - ∞ years. If the marriage itself was never genuine then he should surrender his GC and leave the US ASAP.
 
Last edited by a moderator:
hi
thanks for reply
as i want ur suggestions
i want to withdraw my application,
should i withdraw my application or just wait for denial letter.
as i dont have proofs which they r asking
please advice me
 
GungaDin said:
Depends on the IO and their supervisor. He may not be allowed to withdraw his application without satisfying the RFE (or attempting to satisfy the RFE).

In this particular RFE, USCIS is saying that they have some reason not to believe the applicant. If Applicant's response to their 'We don't believe you' is 'I don't have that proof, give me my application back', they're not going to let this go so easily...
Click to expand...
I agree.
raosaab, why don't you at least try to answer a FRE?:confused:
 
Today I got to know after 80 days from interview that my(and my wife's) A# file is missing. Please let me know what exactly I can do over here. The 2nd level officer told me that the DO has requested A# file from the National Benefit Center.
 
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