N-400 Naturalization Interview, Decision cannot be made, not stayed with wife for three years.

S

sactownman

Registered Users (C)
Hello Forum !

Here is what happened. I had my Citizenship Interview on 11/16/2011. I cleared the civics and history test but the IO said that "Decision cannot be made at this time.
Here is a little background. I came to USA in October 2008 on immigrant visa after marrying with my US citizen wife. Went to India in September 2009. Got stuck there for about 10-11 Months. My wife came to meet me there once during that period of 10-11 months. I was consistently in touch with US Embassy there. Meanwhile my wife filed our taxes jointly as residents. I came back to USA in July 2010. There was not much trouble at the return on the airport. Got my conditions removed successfully. I applied for the N-400 For naturalization in August 2011. Interview was on 11/16/2011.
The IO said that he has to study a bit more about my case. He said that it is clearly stated in the application that i should have been married to ""And living" with my wife for three years. In my case though we have been married for more than three years but lived together for 2 years and 3 months. The situation was something that i dont have control on. So he has to study my case a bit more before making a decision. I dont know whats gonna happen. Are there any exceptions abouth this three years living together condition ? Please advice.
During my stay in India my wife filed taxes jointly as residents, our house's lease is on both our names. Most of the utility bills are on our names jointly. We also have joint back account. Which i belive is enough to prove my "Intent" of coming back to USA.

Please advice what to expect .

Thank You in advance.
 
sactownman said:
Hello Forum !

Here is what happened. I had my Citizenship Interview on 11/16/2011. I cleared the civics and history test but the IO said that "Decision cannot be made at this time.
Here is a little background. I came to USA in October 2008 on immigrant visa after marrying with my US citizen wife. Went to India in September 2009. Got stuck there for about 10-11 Months. My wife came to meet me there once during that period of 10-11 months. I was consistently in touch with US Embassy there. Meanwhile my wife filed our taxes jointly as residents. I came back to USA in July 2010. There was not much trouble at the return on the airport. Got my conditions removed successfully. I applied for the N-400 For naturalization in August 2011. Interview was on 11/16/2011.
The IO said that he has to study a bit more about my case. He said that it is clearly stated in the application that i should have been married to ""And living" with my wife for three years. In my case though we have been married for more than three years but lived together for 2 years and 3 months. The situation was something that i dont have control on. So he has to study my case a bit more before making a decision. I dont know whats gonna happen. Are there any exceptions abouth this three years living together condition ? Please advice.
During my stay in India my wife filed taxes jointly as residents, our house's lease is on both our names. Most of the utility bills are on our names jointly. We also have joint back account. Which i belive is enough to prove my "Intent" of coming back to USA.

Please advice what to expect .

Thank You in advance.
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There are at least two separate issues involved.

You stayed abroad for over 6 months and raised a rebuttable presumption of a disruption in continuous residence. If the evidence on that is too weak, then you would only need to wait 2 years and 1 day since your return (without breaking it or any other requirement) before filing an N-400.

The other issue is the evidence of continued marital union with the USC spouse while living together. (The theory behind that shorter time frame was the presumption that you would assimilate faster BUT how can you do that from a different country?)
 
The reasons for the IO not coming to a decision about your case is that, you have not maintained the continuous residence requirements. You say that you were in touch with the US consulate all the time that you were in India, did you prove to the USCIS that you had no intention of breaking that criteria but for valid reasons? ( Like showing your IRS transcripts, rent or mortgage payment stubs) Also you need to show that you were living with your wife for the stipulated period. It is all for the IO to decide on this. Maybe you will get through this as you have everything else in perfect order. I am really not sure. Just Keep us posted on the proceedings.
 
Hello !!!!


Thanks for the replies.

Yes i did explained my situation to the IO. I also showed him my taxes filed during my absence from US.

My wife is pregnant and we are expecting twins in a month and half. I also mentioned this to the IO when he asked me if we have any kids. I believe his only concern at this moment is me not staying with my wife during the time i was not in US. I dint have any control on that situation. Lets see what happens. Please keep posting if you have any answers or suggestions.

Thanks You.
 
sactownman said:
Hello !!!!


Thanks for the replies.

Yes i did explained my situation to the IO. I also showed him my taxes filed during my absence from US.

My wife is pregnant and we are expecting twins in a month and half. I also mentioned this to the IO when he asked me if we have any kids. I believe his only concern at this moment is me not staying with my wife during the time i was not in US. I dint have any control on that situation. Lets see what happens. Please keep posting if you have any answers or suggestions.

Thanks You.
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i wouldn't worry to much... i had the same situation where i was a way from my husband for few good month. the IO did asked me about that and just like you i explained and then i had to send other proof's he asked me. the fact that you were a way from your wife in my opinion doesn't mean any thing! life are un expected and things happened and sometimes we find our self in situation where we have to be a part. i think that make marriage even stronger! but in my opinion (and I'm not an expert) i don't think that will be a problem. so as long as you had re entry permit and your total days out side are with in the guidelines, i believe you should be fine and they will approve you. I'm now waiting for my oath to take place. so keep believe an hoping for the best.
 
Thanks for the kind words neway !!

I never applied for a Re-entry permit coz my trip was planned for three weeks only. But then i got stuck there for 10 n half months.
I am still hopefull .

Does anybody have any other suggestion of advice ?

Thanks !
 
sactownman said:
Thanks for the kind words neway !!

I never applied for a Re-entry permit coz my trip was planned for three weeks only. But then i got stuck there for 10 n half months.
I am still hopefull .

Does anybody have any other suggestion of advice ?

Thanks !
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A re-entry permit (REP) would not have any effect except to lower your bank balance.

The REP serves to protect LPR status for an absence of up to 2 years and/or facilitates travel (especially if the card expires while abroad) but has zero effect on preserving or protecting naturalization eligibility. If fact, a REP can be viewed as an admission of your intention to remain abroad for an extended period of time if you actually do remain abroad for over a year. That may have a negative effect on naturalization eligibility (it's rather complicated). Your situation may be served by NOT having a REP. Each case is unique.
 
From these replies i feel like that i shold still be hopefull. Lets see what happens. Am just waiting right now.

Anyone with any other advice ????????
 
Bad News !!!!!!!

The USCIS Website says that my case has been denied.
Here is what it says::


On November 16, 2011, we mailed you a denial decision notice for this case N400 APPLICATION FOR NATURALIZATION. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of November 16, 2011, please call customer service at 1-800-375-5283 for further assistance.

Will post the info when i will get the actual denail letter.

Any advice ?
 
sactownman said:
Bad News !!!!!!!

The USCIS Website says that my case has been denied.
Here is what it says::


On November 16, 2011, we mailed you a denial decision notice for this case N400 APPLICATION FOR NATURALIZATION. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of November 16, 2011, please call customer service at 1-800-375-5283 for further assistance.

Will post the info when i will get the actual denail letter.

Any advice ?
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Sorry to hear that your case is denied.
When you receive the actual denial notice, please post here the precise wording used in the denial notice explaining the reason for denial.
It is not really possible to give you any substantive advice until then.
 
I cant believe this !!!!!!!!!

I called USCIS today because i did not recieve my denial letter even after 16 days of the letter being sent as said in the online status. I was requesting the call taker to try and send the letter on priority. He transferred me to his supervisor.

And the supervisor said this "" You will never get the denial letter as your case have been approved , you will instead get the Oath Ceremony notification"" He said that there was an internal reopening of my case after the intial denail decision and it was later approved and i should wait for the oath ceremony notification. And to my pleasant surprise i got the oath ceremony notification later in the evening today. My Oath ceremony is scheduled in december i.e. this month. Am happy and surprised at the same time. Woooooooooo

Thanks everybody for your replies and suggestions.
 
I would think USCIS made the right decision.

Look US vs Maduno 40 F.3d 1212 http://www.leagle.com/xmlResult.aspx?xmldoc=1994125240F3d1212_11069.xml&docbase=CSLWAR2-1986-2006
and especially In re Olan,257 F.Supp. 884 http://174.123.24.242/leagle/xmlRes...57FSupp884_1999.xml&docbase=CSLWAR1-1950-1985
Additional evidence indicated that the husband, although he slept elsewhere, still used the marital home to receive his personal mail, to store his clothes and books, and to serve as the address on his voter's registration card.
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From another case:
Now the term living in marital union with the citizen spouse means that the applicant actually resided with his current spouse for three years prior to the filing of the petition.
A short temporary absence of either spouse will not alter the relationship. In other words, a short temporary absence, like going on a vacation, going to another particular place for a short period of time, would not alter that particular relationship.
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I am pretty sure you absence was short and temporary, and I am also pretty sure you still received mail on your spouse's address and stored your clothes and books at the marital house. Also, I did not noitce your initial intention was to separate
 
sactownman said:
I cant believe this !!!!!!!!!
And the supervisor said this "" You will never get the denial letter as your case have been approved .....
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CONGRATULATIONS!! This is great news. What was your Field office?
Please update us your Oath date when you get the letter.
 
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