Interview today - application denied!

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phillydude411

Registered Users (C)
I had my interview today at the Philadelphia DO. Filed my n400 based on marriage to US citizen. So here's what happened, I got my GC in Jan 05 thru my employer, got married to a US citizen on Feb 06. So, based on the 90 day rule I filed my application on 1/26/09, but today the IO told me I had to wait for 3 years to be completed before filing! I missed it by 19 days, that is so ridiculous.
Now I have to re-file and go thru the whole process again. Wish I had asked the eligibility question to someone before filing.
 
Bad luck, hope things go better next time!

Did you ask for and did the IO actually show you how he calculated the days? If so, could you please share it with the forum.
 
It is a common mistake ... people don't realize the "minus 90 days" applies only to the 3 years of residence and not the 3 years of being married to a USC.
 
tsc123102 said:
if you got married on 2/6/2005, you should be fine to file on 1/2009, it passed 3 years marriage based application. What do you mean "missed 19 days"? How do you calculate?
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The 90 day eligibility does not apply to the marriage date, it only applies to the date on the green card. You HAVE to pass your 3rd anniversary before applying. In usual cases, you would get married and after a few months you would get your GC, so 90 days prior to 3 years on your GC you would have already passed your 3rd anniversary. Since I had my GC before getting married, I had to pass my 3rd anniversary and the 90 day rule does not apply.
 
Now the question is, should I reapply using the 3 yr marriage option or just wait till January and use the 5 year option, where things should be much simpler?
 
What sucks is that they accepted the application, took the fee, made me go thru the fingerprint and interview process, whereas they could have simply rejected the application on day 1. Time and money wasted :(
 
phillydude411 said:
What sucks is that they accepted the application, took the fee, made me go thru the fingerprint and interview process, whereas they could have simply rejected the application on day 1. Time and money wasted :(
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My guess is that the application does not get scrutinized closely in the intial stages (except for the payment of fees or course). It probably gets a review closer to the interview, once the biometrics are cleared. And of course they want you to come in and confirm the dates in person so that they can seal their case.
 
phillydude411 said:
Now the question is, should I reapply using the 3 yr marriage option or just wait till January and use the 5 year option, where things should be much simpler?
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You can reapply immediately under 3 year marriage rule, or wait until October 2009 (90 days before 5 years of continuous residence as LPR) under 5 year rule.
The only difference with marriage based application is that it usually requires more supporting documents.
 
phillydude411 said:
I had my interview today at the Philadelphia DO. Filed my n400 based on marriage to US citizen. So here's what happened, I got my GC in Jan 05 thru my employer, got married to a US citizen on Feb 06. So, based on the 90 day rule I filed my application on 1/26/09, but today the IO told me I had to wait for 3 years to be completed before filing! I missed it by 19 days, that is so ridiculous.
Now I have to re-file and go thru the whole process again. Wish I had asked the eligibility question to someone before filing.
Click to expand...

Welcome to the (denied for tiny mistake) club my friend. I exactly know how you feel. I was in the same cituation 2 weeks ago. I resent my application same day and now I already got my FP appointment. Just forget everything and start all over again and you will be fine as soon as you receive NOA. Good luck.
 
But you, A****t19, were lucky that they immediately noticed and returned your application with your fee, right? I'm going to wait a week or so after I pass my 5 years minus 90 days.
 
cafeconleche said:
But you, A****t19, were lucky that they immediately noticed and returned your application with your fee, right? I'm going to wait a week or so after I pass my 5 years minus 90 days.
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I got denied 10 minuts before my possible approval on marriage based N400 application interview
 
phillydude411 said:
Now the question is, should I reapply using the 3 yr marriage option or just wait till January and use the 5 year option, where things should be much simpler?
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It is a balance you have to determine on your own. but if your marriage
is solid, I think you should use the 3 yr marriage option (don't take
an offense when I say if your marriage is solid), otherwise 5 year option
is safer in the long run.
 
USCIS can ask why applicants do not scrutinize their eliginility more
carefully? They can argue that they make it very clear on Page 22 of
M-476 form. The instruction are printed in fin eprint though at the\bottom of Page 22 of M-476
 
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