N-400 might be denied,need more proofs!!!

G

galina1982

Registered Users (C)
I married my husband in 2004, got my first 2 years GC, then my 10 y. GC.
I received my green cards with no problems had lease, bills together.
Applying for N-400 base on my more then 3 years union with US citizen.

Here is a problem after i got my 10 years GC i did not keep our records together too good ( i didn't really thought they would ask for it, if i knew that would be in issue i would get it done)
My husband is a construction worker he pays everything cash, he hates bills, i had to force him at the first place to have banking together.
we end up closing joint account because he would swipe his card everywhere with out managing a balance, he went over limit many times, bank charge us a fee.
He admited he can't use credit cards and since then he is carrying cash just like he did before.
We had a car insurance together for couple years, then he got his speeding tickets many 5 or six, our rate went up , it cost us almost 400-500/month.
we could not afford it, and cancel it because it's legal in NH not to have a car insurance.

So i went for my interview, past the test, need to bring additional documents
to proof our union. I don't have anything except apartment lease, we don't have payments we own our cars, he pays cash and saves cash at his parents house, i have savings on my name too.

---What should i do?? i can only bring a lease, some letters from parents and friends, but that's all we have, well he want to come to the office and talk to them(probably not a good idea)
---if they denied N-400 will i loose my green card??

I regred applying so early i could live with my green card for a long time without any problems.

Thanks for your advice
 
When did you obtain your GC (the first conditional one)? When you did you file the N-400? If it was more than 5 years minus 90 days between those two events, it means you would qualify under the regular 5 year rule instead of the 3 year marriage rule. So it may be possible to request a switch to the 5-year option, which would make your marriage mostly irrelevant.

Go to the bank and see if you can obtain the old joint account statements.
 
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Thaks for comments
I'll look at the dates at home, i applied for N-400 couple months ago, and in 2010 i could apply base on my 5 years residency, but he told me " get it done, I am tired of dealing with your papers". because he has to be a good character so i don't get in trouble))
where i can read about switching to 5 y. option
I don't care if i get denied or about a fee i can live with it, i just don't want them to think we did fraud just because we don't have proofs that they consider a proof.

I have friends (couple) they live in ME, they had bills together, bank account, live together with his parents, immigration gave them such a hard time to get a green card
they almost lost their mind
 
well i mean when i applied for a green card he had to have clean criminal record and driving record so they approve my application, he is a nice man, drinks some times, could get in a fight sometimes or have DUI, he felt under pressure
because he was thinking that any of his missed ups could effect me somehow

I apologize, I don't know much about laws
 
so they gave me one month to bring additional documentation
should i try to bring my lease and pull up some old bank statements, or ignore get denied and apply for N-400 next time. I am so scared every time i go there, i feel like they trying
to find mistakes and investigate me
 
galina1982 said:
well i mean when i applied for a green card he had to have clean criminal record and driving record so they approve my application
Click to expand...

One need to have clean crminal record to become a PR or citizen. But
does a citizen need to have a clean record to sponsor an alien spouse
for GC? Or marriages based N400 I think only the applicant need to
have a clean criminal record. It is based upon 3 yera o fmarriage to a US citizen I don't think that citizen need to have a very clean crminal record.
 
should i try to bring my lease and pull up some old bank statements, or ignore get denied and apply for N-400 next time.?
 
galina1982 said:
should i try to bring my lease and pull up some old bank statements, or ignore get denied and apply for N-400 next time.?
Click to expand...

Get enough document and submit them. The case can be denied but
I dnot even sense the high chance of it. So why not give it the
best shot. If you don't hope high and is ready to repplay, then you
do not need to male all out efforts but you still can make some reasonable
effots to collect some documents and send them in. There is nothing to lose
anyway
 
WBH said:
One need to have clean crminal record to become a PR or citizen. But
does a citizen need to have a clean record to sponsor an alien spouse
for GC? Or marriages based N400 I think only the applicant need to
have a clean criminal record. It is based upon 3 yera o fmarriage to a US citizen I don't think that citizen need to have a very clean crminal record.
Click to expand...

I believe they did pass a law where a background was check on the Sponsor(USC) because of past abuses by a sponsor. However for N400, only the applicant's background is checked.
 
galina1982 said:
Thaks for comments
I'll look at the dates at home, i applied for N-400 couple months ago, and in 2010 i could apply base on my 5 years residency, but he told me " get it done, I am tired of dealing with your papers".
Click to expand...
If you already had the qualifications for the 5-year option back when you submitted the application, you could request a switch to the 5-year option. But it looks like you applied too early to qualify to switch.
 
agree with the previous posts, better and safer will be to do it via 5 year rule and file 12/12/2010 minus 90 days.

I assume there is no urgency to secure USC status and you can wait until then.
 
I would fight it to the end if there is not any fraud on the marriage. tell them exactly what you are stating here and fight them back and in case of denial appeal it with a good attorney.
 
Take your apartment lease and any old bank documents you can find. Also, if you have all the documents from your GC process, that may help. In worse case, if you get denied, then apply sometime in sept 2010. Your GC will not be in trouble (since you are in a bonafide marriage) so do not worry about that.
 
If USCIS challenged her application per 3 year rule as OP could not produce enough documents, i think USCIS says that they are suspicious of bona fide nature of the marriage which means if denied USCIS can technically go after GC as well.

What about taxes: federal returns ? Did you file joint returns ?

If I were you, I would not take a chance and fight this on my own. I would probably consult with a good immigration attorney 1st.
 
DreamUSA said:
If USCIS challenged her application per 3 year rule as OP could not produce enough documents, i think USCIS says that they are suspicious of bona fide nature of the marriage which means if denied USCIS can technically go after GC as well.
Click to expand...
Not really. For the 3-year marriage cases they are mainly concerned with the recent and current health of the marriage. The marriage could have been perfectly fine when the GC was granted, and then gone bad years later, so the marriage currently going bad doesn't mean anything was wrong with it in the beginning.

Presumably sufficient documents were submitted at the GC stage. But those are largely irrelevant now, since the main concern is proving the current state of the marriage.
If I were you, I would not take a chance and fight this on my own. I would probably consult with a good immigration attorney 1st.
Click to expand...
If denied, it would be quicker and cheaper to just reapply in September under the 5-year rule.
 
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i have old documents i don't have much recent, we moved too many times, then he went to work in Canada for couple of month.I had everything on my name since he just not good with paying bills on time.

my main concern that if i don't bring additional info and leave it as is, they would think that I am not still married and try to take my GC away
and no i can't spend $2000 on a laywer
 
They are not going to take your GC away for this. Stop worrying about that. You have been married for over 4 years and you have the 10-year unconditional card. A divorce or other signs of your marriage going bad would result in denial of citizenship under the 3-year rule, but you could get divorced now and still keep your permanent resident status and card. For them to take it away they would have to go back and show that your marriage was not genuine when you got your GC.
 
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