N-400 denied after i went to interview .Please help

arther

Registered Users (C)
#1
i got a green card for 3 years since 2008 (my green card is 10years expire) , i applied for u.s. citizen (n-400 in march 16) i just went to interview
last week ..during my interview officer ask me about my wife (she is citizen and apply me to get a greencard ) ,i don't want to lie to officer at interview ,He ask a lot of question about how is my relation with my wife. i said that we are saperate living right now then.....after interview they denied my case and send me by mail on next 4days.
my question are :
1. if i don't want to appeal or get hearing with my application , r they will revocation or take my 10 years green card away .
2. if i don't appel at this time, i wait until time pass for 5-years rule then i apply n-400 again ,is that going to be more difficult because i have a record i already applied for this.
3.if my wife and i will make agree to be divorce soon in this year 2011 after divorce is it going to be a problem when i apply for n-400 in future (around 2013 , 5-years rule)
Thank you very much for your help to make me go the right ways :)
 

Bobsmyth

Volunteer Moderator
#2
1) Not unless they have reason to believe you fraudulently obtained your GC.
2) No, each application is evaluated on its own merits.
3) No, since by 2013 you'll be eligible under 5 year rule and evaluated accordingly.
 

jessicapotter

Registered Users (C)
#3
First of all do not get too much worried about your N-400 getting rejected. You can very well file your citizenship application after your 5yrs of being a green card holder, which I guess is not going to be long. After getting a legal divorce from your wife, you will not face any problems regarding your martial status while applying for your citizenship form.Make sure to attach those divorce documents while filing.
 

BigJoe5

Registered Users (C)
#4
i got a green card for 3 years since 2008 (my green card is 10years expire) , i applied for u.s. citizen (n-400 in march 16) i just went to interview
last week ..during my interview officer ask me about my wife (she is citizen and apply me to get a greencard ) ,i don't want to lie to officer at interview ,He ask a lot of question about how is my relation with my wife. i said that we are saperate living right now then.....after interview they denied my case and send me by mail on next 4days.
my question are :
1. if i don't want to appeal or get hearing with my application , r they will revocation or take my 10 years green card away .
2. if i don't appel at this time, i wait until time pass for 5-years rule then i apply n-400 again ,is that going to be more difficult because i have a record i already applied for this.
3.if my wife and i will make agree to be divorce soon in this year 2011 after divorce is it going to be a problem when i apply for n-400 in future (around 2013 , 5-years rule)
Thank you very much for your help to make me go the right ways :)
Did you start with a 10 year or did you start with a 2 year card and then apply for conditions to be lifted? As of today, how long have you been married?
 

arther

Registered Users (C)
#5
To Bobsmyth and jessicapotter <--Thank you very much for your help , i am feel better now to know about this .
-------------------------------
To bigjoe5
right now i have a green card 10years ,first card i got at 2008 and i already remove
my condition on 2010 then i applied n-400 at 2011 ,total i get green card for 3years and
i been married at may 2006 , but my married is going to be broken we sit and talk then design we will divorce soon , i went to interview n-400 at june 13 2011after that thay denied my n-400 because i say my wife and i live saperate since 2010 .and i got nothing to show them .
 

BigJoe5

Registered Users (C)
#6
You had absolutely no basis to file when you did. Your marital union was already gone. You wasted your time and money. An appeal would be a bigger waste. You should hope that they do not re-visit your underlying applications and petitions. You got conditional status in 2008, and must have gotten them lifted in 2010. You also stopped living together ion 2010. At first glance it looks like it was a fraud (even if it wasn't---even you must recognize that).

You may have brought unwanted DHS attention to yourself.
 

arther

Registered Users (C)
#7
i mean i got a 10years card on fab 16 2010 , we start sapparate in around june 2010 but before or during i remove my condition we stay togther no interrubtion .
i didn't explain long like this to the officer ,just only one he ask me was where is your wife now then i said she sapparate to another states ,he ask me again when ? i said around june 2010 .that all he ask me and that all i asnwer him . it seem like i gonna get a big problem because of this ?
 

Bobsmyth

Volunteer Moderator
#8
You had conditions removed and received 10 year GC in Feb 2010, but then separated in June 2010. I don't think they would bother looking deeper into it. Had you actually been divorced by June 2010, then it would be a different story.
 

arther

Registered Users (C)
#10
i am not going to do appeal at this time because i don't think it gonna work , i just want to make sure that i am going to be divorce around sep 2011 and then it is not going to
have any problem when i apply n-400 again for 5years rule :)
 

arther

Registered Users (C)
#11
can anyone tell me that if something bad happen to my green card ,how can i know that , because today i got verify mail but i miss it i have to go to post office on monday ,it come from immigration , if they will do something with my card or take any action to my green card how thay will do ? thay will attach some document along with denied documeant or thay will sapparate sending ? and then when i open it on monday i will post on here to get some advice from you guys who know the law ,thank you very much for any advices
 

hmz

Registered Users (C)
#12
can anyone tell me that if something bad happen to my green card ,how can i know that , because today i got verify mail but i miss it i have to go to post office on monday ,it come from immigration , if they will do something with my card or take any action to my green card how thay will do ? thay will attach some document along with denied documeant or thay will sapparate sending ? and then when i open it on monday i will post on here to get some advice from you guys who know the law ,thank you very much for any advices
Don't worry. Wait till Monday.

I do believe they cannot revoke the LPR status without a legitimate reason. You haven't told anything wrong at the interview, besides you told the truth that caused the denial of the naturalization process.

I hope you knew well that filing under 3 year rule is based on marriage. You should have had come up with more reasonable answer, like "we don't live together at this time, but we are working on it", etc. I am not sure what's your current marriage situation, but since the case got denied I wouldn't want to touch it.
 
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jl_colin

Registered Users (C)
#13
Sorry to tell you that the rules are simple when you get a GC through a marriage. DHS takes it serious when someone gets a GC through an US Citizen. Understand the basic rules first before applying for US Citizenship.
 
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baikal3

Registered Users (C)
#14
can anyone tell me that if something bad happen to my green card ,how can i know that , because today i got verify mail but i miss it i have to go to post office on monday ,it come from immigration , if they will do something with my card or take any action to my green card how thay will do ? thay will attach some document along with denied documeant or thay will sapparate sending ? and then when i open it on monday i will post on here to get some advice from you guys who know the law ,thank you very much for any advices
So what was in that letter? I assume it was the N-400 denial notice, right?
Sending an N-400 denial notice via certified mail is standard procedure, see
http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-21205/0-0-0-21762.html#0-0-0-2003
 

arther

Registered Users (C)
#15
Today i already got a letter , it came 3 part
first page
********* DECISION ***********
on june 8,2011 you appeared for an examination of your application for natralization ,which was filed in accordance with section 319(A) of the immigration and nationality act .
pursuant to investigation and examination of your application it is determind that you are ineligible for natralization for folling reason ;
SEE ATTACHMENT
if you desire to request a review hearing on this decistion pursuant to section 336(a) of the act, you must file a request for hearing within 30 days of date of this notice , if no request for hearing is filed within the time allowed, this decistion is final................................. fee is $650 ......a brief or other written statement in support of your request may be submitted with the request for hearing . (Done in first page)
********** secound page
your application is hereby denied in accordance with the title 8code of federal regulation section list below:

REASON: you do not meet the eligibility requirements for naturalization as a spouse of a united state citizen.
CFR8 Reference :8CFR 319.1(a)(3) has been living in marital union with citizen spouse for the three years preceding the date of examination on the application ,and the spouse has been a united states citizen for the duration of that three year period.
Explanation : at interview you told the officer , under oath , that you and your spouse were not living together. you stated that she has move to another states for a better job in fabruary of 2010 .you and your wife were separated.
****** and 3 part is N-336 for hearing *******
i just little confuse i think i told them around june ,but they said we were separate in february but that is ok it still in 2010 still not passed.

i have some questions for you guys who know the law ,please give me some advice .
- if their record show that around february we were separate ,in february was during my time to remove condition on my green card (i filed to remove around dec 2009 and i got 10years card at 03/29/10 ,is that going to have a problem when i apply n-400 again but we didn't divorce yet ?)
- on my understanding ,information on letter seem like just denied n-400 and nothing bad effect to my 10years green card ?
Please give me some advice ,

i just feel bad to applied n-400 at this time and did mistake , i didn't know enough before i applied. sadddd
 

madh4

Registered Users (C)
#17
Arther,
i personally feel there is nothing to worry about your green card. You could apply again after completion of 5 years since your GC.

One thing i will caution is to ensure correct dates of separation in your divorce papers such that it won't conflict with date of issue of 10 years GC. Your divorce papers will be examined thoroughly by USCIS , when you file N-400 again
 

arther

Registered Users (C)
#18
Thank you guys very much for any advice .

madh4,
I do belive you that , on divorce paper can't put sepration date during time to remove condition (green card) , i look on internet many people had this problem without paying attention or they really need to divorce in around that time.
I hope after this ,i won't get any mail from uscis if i get any mail again i will post on this page T_T
 

arther

Registered Users (C)
#19
Hi everyone , i need some advice to fill out divorce paper to make it right.
my story
- my first green card i got feb 2008
- i removed condition green card and approved at feb 2010
my question are :
1. my wife and i make decision we will divorce on around july 2011 , then we will fill divorce paper put sapparate date on nov 2010 . Is this will be ok on this time to file n-400 again in 2013 (5yeras rule)?
2. i am petitioner and my wife is respondance on divorce paper is it look bad or it doesn't matter who will be?.
please anyone give me some advice , i hope i won't did a mistake again in future.
thank you very much .
 

BigJoe5

Registered Users (C)
#20
Hi everyone , i need some advice to fill out divorce paper to make it right.
my story
- my first green card i got feb 2008
- i removed condition green card and approved at feb 2010
my question are :
1. my wife and i make decision we will divorce on around july 2011 , then we will fill divorce paper put sapparate date on nov 2010 . Is this will be ok on this time to file n-400 again in 2013 (5yeras rule)?
2. i am petitioner and my wife is respondance on divorce paper is it look bad or it doesn't matter who will be?.
please anyone give me some advice , i hope i won't did a mistake again in future.
thank you very much .
Since conditions were removed, your N-400 under the 5-year filing should get LESS scrutiny on the marriage question. The fact that the marriage collapsed 9 months after getting conditions removed does not look good BUT the overall length of the marriage was how long exactly? That may make a difference. Got kids together? Were you an "odd couple"? Big differences in age, culture, education, religion, or other socio-economic factors? Each case is unique.
 
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