Interview took place today

A

aglok19

New Member
Hello,

My husband took his citizenship interview today. Hopefully someone here will be able to advise on the following situation:

My husband was previously married to an American citizen. Since I am an American citizen We have applied on a basis of Marriage (First mistake).
He walked to his interview, the officer asked the history questions, reading and writing. he passed right away. Then he started going through the application. He noticed that he is no longer married to the same person. He received his GC on 06/21/2006, We sent our application on March 15th 2011, without realizing it is 96 days before.
He has denied his case because it was 6 days too early.
He gave him a paper letter him know that he passed the history and english exam, and that a letter will come in the mail.

My husband understood that he will have to do the whole process all over again, paying the fees, finger-prints, and interview.

Is there a way around it? can this be apealed?
He took his taxes and other documentations for "next time".

How come this is not determined before a person comes to an interview?

We really do not want to spend another $700 for this whole process....
Did anyone hear anything similar to this?

BTW, this took place in NYC.

Thank you.
 
Last edited by a moderator:
The appeal alone costs over 600 bucks. It'd be a waste at this point.
"How come this is not determined before a person comes to an interview?" USCIS needs money. They're out of funds. You guys should have made sure about the 90 day period. You guys applied almost a week early.
There's no other option for your husband. He'd have to go through the whole N-400 process again.
 
aglok19 said:
He received his GC on 06/21/2006, We sent our application on March 15th 2011, without realizing it is 96 days before.
Click to expand...

You mentioned he applied based on marriage to a USC (you). How long have you been a USC and how long has he been married to you?
If he applied 96 days too early, it means he must have applied based on 5 year rule (unless he got married to you on 6/21/2009) based on the date he received his GC in 2006
 
aglok19 said:
How come this is not determined before a person comes to an interview?
Click to expand...

In most cases they will reject the application before the interview and send back the whole package including the check, if it was filed earlier than 90 days before the 5-year GC anniversary. Occasionally some will slip through to the interview, like what happened with your husband's case. But it's not their fault; applicants are supposed to read up the eligibility requirements before applying.

We really do not want to spend another $700 for this whole process....
Click to expand...
Appeal will be useless, as he was not yet eligible to apply at the time he applied. He will have to reapply and go through the whole process again if he wants citizenship.
 
Its really sad that you guys applied just a week earlier than the 90days period. As pointed out by the others, appealing against the denial is just a waste of money and time. Your husband has no other option than to start the process all over again. You cannot blame the USCIS for processing your applications even though you were not eligible to apply. Its the responsibility of the applicant to go through the instructions thoroughly before applying. Good Luck with the process!! Keep us posted of the progress.
 
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