Second Naturalization interview

Another reason that might seem genuine for living at his mother's is that it allows someone to constantly monitor/take care of him. Because of work you are unable to devote enough time and since you prefer not to leave him alone for long durations due to health/other reasons, your family decided that it would be overall better for everyone that he temporarily lives with his mom who could monitor him more closely throughout the day. I am just throwing out ideas!
 
Kveta said:
My question is would it do any harm if i still show up for the interview and if i get denied, just accept the decision?
Click to expand...

Well, what can happen?

#1. They can approve, probability is low but still possible without some husband / lawyer support.

#2. They can deny.
#2A. You can accept and move on, OR
#2B. You can appeal. Again ideally you need husband/lawyer support.

#3. They can deny and initiate deportation proceedings if they believe the marriage was sham. I would say probability is low and unlikely to complete in the 2 months before you move to UK.
 
ncle Joe,

There are more troubling revelations from the OP. I indicated my discomfort with her assertion that bring her husband to the interview is going to do more harm than good. I wonder why he didn't do any harm during the initial I-485 adjudication..:confused: Why would she go for the second interview without the required evidence: husband? If we are to believe that this is a temporary separation meant to create employment for her mother-in-law, then she should be able to bring the husband along, can't she? :cool:

I am puzzled by a lawyer who just made a partner to now send the husband away, but she wants to apply for USC cause waiting two years isn't kosher as she needs to relocate to London.:rolleyes: I am certain the husband isn't coming to London, if she can't take care of the husband in NY, then why would you she now have the abilities to do it in London? Partnerships in law firms are a huge responsibility, so this ain't happening. I suspect just like Uncle Joe, this is more a case of a cheap wine served in the dark in an expensive bottle...:p
 
Uncle Joe said:
Seems like she worries about her citizenship more than her husband health.
She dumped him to his mother after she applied for naturalization.
Click to expand...

On one hand you husband abusing drugs and a financial drain so she decided best to have him stay with his mom.
On the other hand, she hasn't spoken to him since, is reluctant to bring him to interview due to hi behaviour, and has minimal documentation supporting that they have a bona fide marital union.
In the end the IO will have to decide how to proceed based on the evidence.
My bet is it will result in a denial based on too many unanswered questions and insufficient evidence.
 
This is a tough case. The reality is that she drew the benefits from this marriage for GC and now wants to do the same for USC.

It will be only just to expect that she has to accept the responsiblity of the spouse if she wants to continue to do so during the identified statutory (3 year period: living together and maintaining normal and bone fide marriage relationships). If not she should not expect any more immigration benefits from USCIS and forthermore her initial intent for GC should be questioned and GC should be revoked.

What I read from this, without any judgmenet, that the husband has a health issue which is tough to deal with this....But I think she forgot what usually is said when they entered to the marriage

"I call upon all present to witness that I take you to be my lawful wedded husbund, to have and to hold, from this day forward, for better, for worse, for richer for poorer, in sickness and in health while we both shall live."

I know this sounds harsh...but the reality is that you can not have it both ways....So either accept and fullfil the responsiblity of the spouse and enjoy immigration benefits or let both go...unless there is crime/abuse from the other party (which i did not notice from this exchange....)
 
DreamUSA said:
...But I think she forgot what usually is said when they entered to the marriage

"I call upon all present to witness that I take you to be my lawful wedded husbund, to have and to hold, from this day forward, for better, for worse, for richer for poorer, in sickness and in health while we both shall live." ...
Click to expand...

Hi Dream, appreciate your sentiments and agree with them. However, immigration has nothing to do with the words you listed above. As long as you satisfy CIS requirements, they do not care whether you satisfy the "other oath". If we want to go moral, it will get into a never ending discussion about whether divorce itself should be allowed. Think what will happen if CIS says you get "conditional citizenship until end of life" which is revokable when you divorce !!
 
understood..sanjoseaug20 and also concur with your statement. as I noted, this is a tough case....I am not trying to make a moral argument....and i do understand that USCIS framework is different...

However, when I read OP's posting...it sounded like she is trying to "justify" her actions which are completely different issue.

All, I am saying that there is a statutory 3 year period under which USCIS expects that the married couple to maintain the normal -bone fide relationships (of course, it could be an exception, spousal abuse, mental incapacity other criminal acts) . The point that I am making here that the reasons are given by OP do not warrant those exceptions and quite contrary to the intent of the marriage (living together, etc).

Agree ?

Unless she can produce some legal document to show that her husband is abusive or no longer mentally capable or danger to her, i can not see any ground for relief from 3 year rule... Will she say to IO that she does not want to live with her husband because he is now sick but still want to benefit from the "married status" for USCIS purposes ? There is a reason, USCIS IO challanged her at 1st interview.
 
Last edited by a moderator:
DreamUSA said:
All, I am saying that there is a statutory 3 year period under which USCIS expects that the married couple to maintain the normal -bone fide relationships (of course, it could be an exception, spousal abuse, mental incapacity other criminal acts) . The point that I am making here that the reasons are given by OP do not warrant those exceptions and quite contrary to the intent of the marriage (living together, etc).

Agree ?
Click to expand...

Yes
 
To uncle joe

Hi Uncle Joe,

Your citizenship seems to be under 3 years. If you received your PR in March, 2007, how come were you able to apply for citizenship already?
Thanks,
Leon
 
taxagent said:
Hi Uncle Joe,

Your citizenship seems to be under 3 years. If you received your PR in March, 2007, how come were you able to apply for citizenship already?
Click to expand...
Asylees get their green cards backdated by one year (they are prohibited from filing AOS for one year as an asylee, so the one-year backdate compensates for that). So for him 3 years would be March 2009.
 
I see a lot of judgmental opinions about the ethical aspects of OP's case. Having said that, there is no denying that it is a feeble case at best. Her best bet would be withdraw her application asap and retry later under the 5 years LPR category. I know it is a drag (no f/p-un intended...but of course).
 
Jackolantern said:
Asylees get their green cards backdated by one year (they are prohibited from filing AOS for one year as an asylee, so the one-year backdate compensates for that). So for him 3 years would be March 2009.
Click to expand...

You were right, I just checked my Green Card it says March 2006. I didn't pay attention on it, I hope my girlfriend typed it right on N-400 form
 
Last edited by a moderator:
This is a tough case but this forum took a left turn and starting into discussing the moral aspect of marriage than the actual OP’s case. I agree with all most all the arguments here, I would think the IO will look at the evidence (or lack of there of) as a whole and it weighs more to a denial .. Regarding the documents mention on the initial post, the more important ones missing the husband’s name (bank account, Life insurance, Medical insurance etc..) and there are some not mentioned here like mortgage documents etc. these are the once those prove the relationship is solid in terms of financial dealings. As other members said, you can add any ones name in utility bill that doesn’t establish any financial relationship as in the case of bank account or jointly owning a house/apartment etc.

Being said that , OP might be able to make a case that her husband staying separately is a temporary phenomena and it is for medical and hardship reasons. She has to come clean with the IO and show the proof of his accident, medical situations and relevant documents . (what if your spouse is hospitalized for three months or so?, he/she is not living with you!!) She is the only bread winner in the family and she has to work and her mother-in-law is supporting her while she earns the money to take care them all. If they live in the same town or state it is better.
The issue is, if you put all together, a third person like IO will have series doubts. So you have to bring all the documents if you decide to go forward with your interview especially the documents related to his medical conditions

(***I am no way an expert on this but thinking logically here***)

Good luck!
 
Uncle Joe said:
You were right, I just checked my Green Card it says March 2006. I didn't pay attention on it, I hope my girlfriend typed it right on N-400 form
Click to expand...
"Girlfriend"? I hope that was a mistake, and you meant "wife". Because you need to be married, currently in a viable marriage with a US citizen to qualify with the 3-year rule.
 
BadKarma said:
Her best bet would be withdraw her application asap and retry later under the 5 years LPR category.
Click to expand...
But if she relocates to London to work with that law firm, that will very likely break continuous residence and disqualify her from applying with the 5 year rule (until after returning to the US and waiting another 4-5 years).
 
Jackolantern said:
"Girlfriend"? I hope that was a mistake, and you meant "wife". Because you need to be married, currently in a viable marriage with a US citizen to qualify with the 3-year rule.
Click to expand...

No, girlfriend, she helped me with typing stuff, I gotta ask her to marry me, she's a good girl.
 
Last edited by a moderator:
Jackolantern said:
So even though you are not married, you applied with the 3-year rule?
Click to expand...


No I applied based on Military Service (proud U.S Infantry Soldier)
My chain of command asked me about my status and was surprised that Im not U.S citizen, they did research and confirm that Im fully eligible and was eligible 2.5 years ago when I joined Army. I wasn't aware of that. :eek: I heard something about Military Citizenship but wasn't 100% sure, until now when i tried to reenlist for another 3-4 years, but different job position in the Army which required a soldier to be U.S Citizen. So here I am.
 
You must log in or register to reply here.
Top