JoeF and others, need Advice.

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NY_Waiter

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Applied for N400 in 2002 based on marriage 3 years rule. went to interview in 2003, very nice officer passed interview and was recommended. 9 to 10 months went by and heard nothing about oath. mean while got seperated from my wife while waiting for oath letter. nothing came in mail. went to my lawyer he told me its a problem since u are seperated from ur wife 3 year rule wont work for you now. even u passed the interview, send letter to INS telling them to withdraw ur application . and i did so, sent withdrawal letter and nothing after that
Then i moved to michigan for job, and applied there againin 2004 feb, but this time on 5 years rule, went to interview in sept 2004, very angry officer, he told me my previous application was denied even i sent in letter of withdrawal, and he told me that they sent u letter after ur previous interview asking u proof but u never answered, i replied, i didnt get any letter in mail. he said ok fine. lets start this interview.
every thing went smooth until he asked me if i am still married, i said yes i am , he asked living together? i said NO we are seperated. he asked where is wife, i told him she is in other state and i am here because of my job. then he started asking question about marriage like how did I meet her and how long we are married and where she works and all those questions which are asked on I 485 interview.i really got worried as to why he is asking me all those questions but i answered them all with confidence.he asked me why didnt we file for divorce, because u are seperated from ur wife for almost a year, I told him that i want to wait it out because i want things to work out between us and i am looking forward to get back together. he said OK. he asked me to provide him with copy of my wife DL and my wife's past 5 years tax returns and mine, my wife's DMV record for last 5 years showing her addresses and mine. and more
i told him that we are seperated and it might be difficult for me to get all that stuff, he said u guys are still married and u should be able to get it, if u were divorced then it was other story. and he sent me home...
i tried to talk to my wife but i was not able to get back together so i could not get those documents. so officer sent me denial after 30 days. saying the reason * burden of proof* fail to provide documents. and denial notice advised me i can re apply anytime i want to again.and that was nov 2004. so i was denied 2 times :(

Now i am divorced from my wife, and i am thinking to reapply, but this time thru my lawyer and i will take my lawyer to interview as well. maybe his presence will keep everything in order. because last time interviewer really went hard on me.since its been 1 year i was denied and now that i am divorced from my wife. what kind of problem u would think i would face this time during interview. so that i can be prepared for that.
let me tell u about my greencard.
we married in 1997. and got greencard in 1999. we were married for almost 8 years. and more than 6 years i got my greencard.
i dont get this, why was i questioned so much about my marriage when i applied on 5 years base. i know they can ask anything they want to. but i dont wanna go thru that again, since i am divorced do u think officer would again grill me on marriage questions.?
on the other hand i really really want to be citizen, i would like my aged parents to come and live here with me.I would like to take care of them.
any suggestions would be appreciated.
Thanx :).undefined
 
NY_Waiter said:
Applied for N400 in 2002 based on marriage 3 years rule. went to interview in 2003, very nice officer passed interview and was recommended. 9 to 10 months went by and heard nothing about oath. mean while got seperated from my wife while waiting for oath letter. nothing came in mail. went to my lawyer he told me its a problem since u are seperated from ur wife 3 year rule wont work for you now. even u passed the interview, send letter to INS telling them to withdraw ur application . and i did so, sent withdrawal letter and nothing after that
Then i moved to michigan for job, and applied there againin 2004 feb, but this time on 5 years rule, went to interview in sept 2004, very angry officer, he told me my previous application was denied even i sent in letter of withdrawal, and he told me that they sent u letter after ur previous interview asking u proof but u never answered, i replied, i didnt get any letter in mail. he said ok fine. lets start this interview.
every thing went smooth until he asked me if i am still married, i said yes i am , he asked living together? i said NO we are seperated. he asked where is wife, i told him she is in other state and i am here because of my job. then he started asking question about marriage like how did I meet her and how long we are married and where she works and all those questions which are asked on I 485 interview.i really got worried as to why he is asking me all those questions but i answered them all with confidence.he asked me why didnt we file for divorce, because u are seperated from ur wife for almost a year, I told him that i want to wait it out because i want things to work out between us and i am looking forward to get back together. he said OK. he asked me to provide him with copy of my wife DL and my wife's past 5 years tax returns and mine, my wife's DMV record for last 5 years showing her addresses and mine. and more
i told him that we are seperated and it might be difficult for me to get all that stuff, he said u guys are still married and u should be able to get it, if u were divorced then it was other story. and he sent me home...
i tried to talk to my wife but i was not able to get back together so i could not get those documents. so officer sent me denial after 30 days. saying the reason * burden of proof* fail to provide documents. and denial notice advised me i can re apply anytime i want to again.and that was nov 2004. so i was denied 2 times :(

Now i am divorced from my wife, and i am thinking to reapply, but this time thru my lawyer and i will take my lawyer to interview as well. maybe his presence will keep everything in order. because last time interviewer really went hard on me.since its been 1 year i was denied and now that i am divorced from my wife. what kind of problem u would think i would face this time during interview. so that i can be prepared for that.
let me tell u about my greencard.
we married in 1997. and got greencard in 1999. we were married for almost 8 years. and more than 6 years i got my greencard.
i dont get this, why was i questioned so much about my marriage when i applied on 5 years base. i know they can ask anything they want to. but i dont wanna go thru that again, since i am divorced do u think officer would again grill me on marriage questions.?
on the other hand i really really want to be citizen, i would like my aged parents to come and live here with me.I would like to take care of them.
any suggestions would be appreciated.
Thanx :).undefined
Click to expand...
Waiter,
First of all, I would like to congratulate you on your divorce as you seem to have done the right thing for you!
Second, you took the right decision by hiring a lawyer to go over your new application and even to go with you for the interview. This is very important. Any irrelevenat questions should be handled by the lawyer, as he/she could intervene to object on the nature of the question if it is irrelevant and the reasone behind it is just pure picking on you!

Some officers treat your new application with prejuiduce since you have been denied twice before. They could be predetermined to deny your new application or at least afraid to approve it since two separate interviewing officers have denied your application before. They wrongly think, oh, if two officers denied his case, this guy must have something wrong, or could be hiding something, so i don't want to get in trouble and approve it. The least they could do is probably turn it to their supervisor for approval.

That beeing said, you should be completely fine applying this time because:
1- You are divorced and applying purely on 5 year rule.
2- You have a lawyer who should prepare the application accurately.
3- You have a laywer present at the time of interview, so they can't screw with you.
4- The first two denial were not your fault.

You should be fine, relax, be confident, and i am sure that you will be a US citizen soon.

Good luck.
sONy
 
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Should i prefer lawyer who filed my I 485 and my I 751?
he's charging me 1300 altogether including filing fee.

or is it also OK if i hire some other good lawyer ?

which one would be better?

Thanx.
 
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