NOT SO GOOD INTERVIEW Continous residence - after interview requesting more documents... PLEASE HELP

[faysal]

For such trips, continuous residence is presumed broken unless the applicant can prove otherwise. "Cancelled" is not correct terminology.

The OP stated the IO was asking for a marriage certificate. When asked why the need of a marriage certificate the IO replied that he was trying to help since it would be easier by marriage (ie 3 year rule).
If the IO was trying to help out by allowing the OP to prove continuous ties for the 10.5 month trip as you claim he was, it wouldn't have made sense for the IO to say it's easier to get it by marriage.
From the OP's description, the IO was helping out by changing the OP over to 3 year rule, not by allowing OP to prove continuous residency for the 10.5 month trip as you claim.

OP is married to a USC for than three years. I asumed she was aware of she could have filed under the three years rule. She purposefully, pursued on her own under the five years rule. I assumed that under the three year's, she can not overcome the evidence required. It is true that she mentioned that the officer suggested it might be easier for her to switch to the three years rule. The OP is not receptive to this idea. Therefore, the OP is not seeking advice on whether to switch or not;if she the OP had faith that she could win her citizenship through her husband, she wouldn't have waited come here, not should she have waited for this long...she could simple ask the officer to help her switch and provided the marriage certificate...

Now the OP does not want to go down the three year rule....she will have to over come the distruption in her continious residence requirement. Also because she travelled a lot, and she got her greencard through marriage, the officer might suspect that the lady was in the deal for the greencard and wants to revisit the marriage. Even if is it possible to switch, I don't think OP will switch. She should stick to her five year rule. In this case, even if her application for citizenship is denied, her greencard will remain intack. If she switches to three years rule, they might demand more evidence, once she can not provide, they might unravel the whole deal...marriage.....So that is the reason I didn't follow the marriage certificate deal;;;

 

[madh4]

The OP is not eligible under 5 year or 4year 1 day rule. Her application will be rejected . She can refile in Sep2012 (or better in Mar2013) under 4year 1day rule.

She does qualify under 2year 1day rule. The IO needs supporting docs to approve the case under 2 year 1 day rule. Cooperation of her spouse is needed and they may have lot of explanation to do. Without supporting docs IO can not approve the case.

 

[brb2]

I personally think the officer wants to help her. At the same time, his sixth sense is wondering is this marriage genuine. The OP has not been married for too long and to stay away for so long so soon after getting a green card seems a prudent check to make. I would thus suggest OP provide evidence that shows the strong marriage bond and collect evidence that would be required for a 3 year rule. I agree, her attorney is worthless. Most old timers on this board would have a better grasp of immigration law than the attorney. I would hope that immigration is not his/her area of specialization.

 

[Bobsmyth]

The OP is not eligible under 5 year....

Based on?

 

[vimarket]

The OP is not eligible under 5 year or 4year 1 day rule. Her application will be rejected . She can refile in Sep2012 (or better in Mar2013) under 4year 1day rule.

She does qualify under 2year 1day rule. The IO needs supporting docs to approve the case under 2 year 1 day rule. Cooperation of her spouse is needed and they may have lot of explanation to do. Without supporting docs IO can not approve the case.

The Op is probably getting confused since once again this thread is turning into a "i know more than you" one. Again. However, what madh4 has said, is exactly what I agree on.

 

[vimarket]

Neway, I'm sorry I missed some details on your other post. The reentry permit doesnt count towards your continuous residence. From the details you've provided going by the 3yr way might be easier, but then they are going to really grill you. If you know you can go through this, then do it. You've already sent them $700 anyway. Or if not, then wait till you reach the 4yr 1 day.

 

[BigJoe5]

Good Luck

 

[madh4]

Based on?

Fact that she returned from 10.5 months absence in Sep2008 only. Since then she has not completed 5yr or 4 yr 1day.

She should work with her spouse and can meet the requirements of IO.

BigJoe5, your draft is impressive and excellent.

 

[Bobsmyth]

Fact that she returned from 10.5 months absence in Sep2008 only.

The 10.5 month only presumes a break in continuous residence unless the applicant can prove otherwise. To state the OP wasn't eligible under 5 year rule is false because it assumes that she can't overcome the presumption in break of continuous residence.

 

[neway]

Hi All...

its been a while - not easy , but have no choice then to be patient and hope for the best.

i have submitted all the documents requested by the officer (proof that i was living in the us since 2006 and about my marriage). its was pretty thick package to sent...

now that I'm waiting i have few questions for u all, ill appreciate your knowledge and replay to it:

1. i know that they have 120 days by law to replay - is this 120 days from the interview date or the final date they gave me to send the doc's ?!
2. how long does it usually take them to replay ?! more or less...
3. I'm thinking on going back to my country for 3 weeks around end of sep-oct for the holidays. my attorney mention that i shouldn't go out of the country at all! he mention that " USICS may use their discretion and not grant you the Naturalization, meaning they will use the trip to say that you have been out of the country too much"

is this true? I'm confused as i didn't know the law say anything about number of times a person is a way", i know it does talk about the number of DAYS and do the calculation...

so what is best to do? as i really don't know if ill get any answer from them any time soon....

also, even in my case (where i left the country for total of 693 day in the last 5 years) even if ill go for 23 (= 716 days total) days I'm still good with the dates no?!
keep in mind that i did left the country for 10.5 month and all the documents i submitted, were to show i still had ties to the US (lease, bank account, husband...) but will this flight make it or break it for me?!

what would you do?

and last thing... with good willing, lets say they approve me - what happened at the oath?! is it allowed to leave before the oath?

please advise... thank you

 

[Jackolantern]

Hi All...

its been a while - not easy , but have no choice then to be patient and hope for the best.

i have submitted all the documents requested by the officer (proof that i was living in the us since 2006 and about my marriage). its was pretty thick package to sent...

now that I'm waiting i have few questions for u all, ill appreciate your knowledge and replay to it:

1. i know that they have 120 days by law to replay - is this 120 days from the interview date or the final date they gave me to send the doc's ?!

Normally it's 120 days since the interview, but if you file 1447(b) they can ask the judge to add on extra days to compensate for the time you took to submit the requested documents. So if you're going to file 1447(b), wait until it has been 120 days + X, where X is the number of days you took to submit the documents.

 

[Bobsmyth]

1. i know that they have 120 days by law to replay - is this 120 days from the interview date or the final date they gave me to send the doc's ?!

They have 120 days from interview to adjudicate your case.

2. how long does it usually take them to replay ?! more or less...

It really depends on the case, DO, IO , work load etc..there are too many variables involved to provide any accurate measure of adjudicating time.

3. I'm thinking on going back to my country for 3 weeks around end of sep-oct for the holidays. my attorney mention that i shouldn't go out of the country at all! he mention that " USICS may use their discretion and not grant you the Naturalization, meaning they will use the trip to say that you have been out of the country too much"

is this true?

A one time 3 week trip during the process is not sufficient to put continuous residency into question. Unless you had a border line physical presence case, I don't see why your lawyer would advice you not to travel at all.

 

[neway]

They have 120 days from interview to adjudicate your case.
It really depends on the case, DO, IO , work load etc..there are too many variables involved to provide any accurate measure of adjudicating time.
A one time 3 week trip during the process is not sufficient to put continuous residency into question. Unless you had a border line physical presence case, I don't see why your lawyer would advice you not to travel at all.

well... the problem with my case is that i left the country for 2 long trip (i had other trips as well but for much shorter time) but it was 1 trip for 10.5 month , i cam back here for 2 weeks and then left for 179 days.
i had the reentry permit and the documents that i submitted now were to show that i always had ties to the US. I'm still married (my husband was here during that time), lease to our place back then when i was a way, tax returned and more...
so in total in the last 5 years i was few days less then 700 days out side.

thats why i didn't understand my lawyer when he recommended me not to leave at all!!!

 

[text123]

Finally, what happened to your case? What was RFE for and how long it took USCIS to adjudicate after RFE response review online status change? I was out for almost 6 months last year, stayed for 2 weeks in Dec 2010 and left for almost 6 months again till May 15' 2011. I was given RFE after interview.

 

[neway]

Finally, what happened to your case? What was RFE for and how long it took USCIS to adjudicate after RFE response review online status change? I was out for almost 6 months last year, stayed for 2 weeks in Dec 2010 and left for almost 6 months again till May 15' 2011. I was given RFE after interview.

Hello Text123

I'm sorry but i still cant answer your questions as I'm still in the "waiting" period and no update on line what so ever... so i cant really say (yet) much beside the fact I'm already 109 days after the interview...

hopefully i will have some answers soon.

how was your interview? what did they ask you to send?

from me they asked for evidence since 2006 until the date of the interview (tax, lease , bills and other to show i was "here" and never abandoned the us even while i was a way) as well as proof for my marriage (m.certificate, my husband birth certificate and other ...)
i submitted a pretty big file with lots of bills, leases, Bank statements, credit card, and other...

 

[text123]

Neway, I got email notification today from Seattle DO that I'm scheduled for oath ceremony. It took them 3 weeks to respond since I mailed them RFE documents. Good luck to you!!

 

[neway]

Neway, I got email notification today from Seattle DO that I'm scheduled for oath ceremony. It took them 3 weeks to respond since I mailed them RFE documents. Good luck to you!!

wow you are so lucky to get a respond soooo fast!!! I'm envy

my situation is far from being a like - in 1 week its 120 days and still nothing...

hopefully ill get same results as yours soon...

 

[neway]

Hi All..

so... no news yet and Tuesday is the 120 days from my interview. i doubt that i will get any progress by then so i contact my lawyer.

we scheduled info pass in 2 weeks.

questions to all of you :

what is happening in the info pass? who do you meet (supervisor, same officer, other officer ??) what can they basically tell you at that point and what should i expect?

I'd love to know what is important to know or bring before the meeting? any input on this matter will be appreciated.

thank you all and since its my holiday today - i wish you all to have a good year! with positive outcome from our journey...

 

[neway]

so i had my info pass today.

i went with my lawyer and the Officer asked us to wait while she bring the file from the inside.
when she cam back - we saw the package that my attorney send them over night (the RFE they asked for) which is a H -U-G-E HUGE FILE with ton of doc and proof's.
any way- the sec we saw it my lawyer said it look like no one touch it.

then a manager came and she said " your case will be reviewed tomorrow. you will get an answer within 10 days (approval or denial). she repeated her name and said if we didn't get anything to let her know.

what do you think ?! i think its true that no one review the doc (for 142 days!) and now they will put the pressure on the officer to give a respond (i hope at list)...coz when we set there and waited for 2.5 hours!!!! until they call our #, i saw other cases my lawyer was working on with people who had their info pass 6 month ago, the officer told them they will respond with in 160 days and still nothing.... ) so i really hope i will get an answer with in the time frame she said.

so what do you think my chances are?

 

[Jackolantern]

so i had my info pass today.

i went with my lawyer and the Officer asked us to wait while she bring the file from the inside.
when she cam back - we saw the package that my attorney send them over night (the RFE they asked for) which is a H -U-G-E HUGE FILE with ton of doc and proof's.

How thick was it? One inch? Two inches? 6 inches? Sending them too much can result in it sitting on their desk collecting dust forever.

then a manager came and she said " your case will be reviewed tomorrow. you will get an answer within 10 days (approval or denial). she repeated her name and said if we didn't get anything to let her know.

Let them take the 10 days. It's still less than 120 days since you sent the documents, so a 1447(b) filing right now wouldn't be a good idea.