Second Naturalization interview

[Kveta]

Hello, to make from a long story short.
I came to NYC in 2002 for work (H1 visa) and in 2005 i got married. I applied and received a conditional green card in 2007 and earlier this year, my conditional GC was replaced with the permanent one. Because of the 3 year rule (spouse of the US citizen) i was eligible to apply for the US passport and had my first interview in August 2009.
However, according to my immigration officer, i wasn't able to prove the relationships with husband.
Well, like every family we are not perfect. The officer had many concerns because: i didn't take my husband's name as my own, my engagement ring didn't have diamonds but pearls instead, we didn't have a joint bank account and obviously, she asked me why he didn't come with me to the interview.

I had pretty valid (as i thought) explanations to all her questions however, it wasn't enough so she scheduled another interview for me for the end of this month.
The new appointment letter contains a list of documents i have to present, such as
1. joint bank account
2. Utility bills (i already gave her)
3. Credit card statements on both names
4. Life insurance stating a husband as my beneficiary
5. Medical insurance for both names
2 weeks to the interview, i know that i have only three of those documents ready.
1.We do not have (and never had for this matter) a joint bank account because before we even got married he had a substantial debt and no banks would open him an account. I do have an official letter, dated from 2006, rejecting his application due to this issue. At this moment, i can add him to my checking and savings accounts but because of the same issue, my banker told me, my accounts most likely were going to be frozen in order to satisfy his pending liability.
2. Utility bills are all in norm
3. I have those
4. My HR department forwarded me a copy of my life insurance with his name as a beneficiary that i filled out in 2006, so i think it is ok
5. He is not on my medical insurance, he was at some point in 2007 when he lost his but not after that time. I still have his paper work and an insurance card with both names on it.

Well, my problem is my husband and i no longer live together. Starting this September i asked him to leave. As i said, no one is perfect, but in this case, my husband had an accident yearly 2008 when he fell from a 3 story building and fractured his back. He underwent two surgeries but it seemed to get only worse. My work requires extensive traveling when i am out the US for months at the time. So when i eventually came back to NYC in May i realized that because of all the medication, my husband became a drag addict to painkillers.
I am the only person who works and supports him, his mom and two brothers (who are way into their 30's). For 4 months i have been battling his drag problem and finally came to realize that it was not worth it. So i sealed a deal with his mom that she would take him back to her house and i would pay her for looking after him. He moved out and we haven't spoken since.

From the previous interview i know that the officer would want to see my husband in person again but i cannot bring him with me because of the way he behaves. I think it would do me more harm than good.
If anybody has any expertise or opinion about the list of documents you need to submit in order to prove marriage but they are not listed about, please let me know and i will try to gather them.
I was wondering whether i should bring a lawyer with me, just to set things straight and if it would help.
Secondly, even if i get denied, would it start a separate investigation about our relationship because if it does, i will have to take him back and he will keep stealing money from my purse as he did for the last 6 months.

Thanks a lot. Sorry for rumbling.

 

[brahmachari99]

I think you'd be better off to reapply under the 5-year rule. Since your husband has moved out, your application under the 3-year rule is almost certain to be denied.

 

[johntlc]

Hello, to make from a long story short.
I came to NYC in 2002 for work (H1 visa) and in 2005 i got married. I applied and received a conditional green card in 2007 and earlier this year, my conditional GC was replaced with the permanent one. Because of the 3 year rule (spouse of the US citizen) i was eligible to apply for the US passport and had my first interview in August 2009.
However, according to my immigration officer, i wasn't able to prove the relationships with husband.
Well, like every family we are not perfect. The officer had many concerns because: i didn't take my husband's name as my own, my engagement ring didn't have diamonds but pearls instead, we didn't have a joint bank account and obviously, she asked me why he didn't come with me to the interview.

I had pretty valid (as i thought) explanations to all her questions however, it wasn't enough so she scheduled another interview for me for the end of this month.
The new appointment letter contains a list of documents i have to present, such as
1. joint bank account
2. Utility bills (i already gave her)
3. Credit card statements on both names
4. Life insurance stating a husband as my beneficiary
5. Medical insurance for both names
2 weeks to the interview, i know that i have only three of those documents ready.
1.We do not have (and never had for this matter) a joint bank account because before we even got married he had a substantial debt and no banks would open him an account. I do have an official letter, dated from 2006, rejecting his application due to this issue. At this moment, i can add him to my checking and savings accounts but because of the same issue, my banker told me, my accounts most likely were going to be frozen in order to satisfy his pending liability.
2. Utility bills are all in norm
3. I have those
4. My HR department forwarded me a copy of my life insurance with his name as a beneficiary that i filled out in 2006, so i think it is ok
5. He is not on my medical insurance, he was at some point in 2007 when he lost his but not after that time. I still have his paper work and an insurance card with both names on it.

Well, my problem is my husband and i no longer live together. Starting this September i asked him to leave. As i said, no one is perfect, but in this case, my husband had an accident yearly 2008 when he fell from a 3 story building and fractured his back. He underwent two surgeries but it seemed to get only worse. My work requires extensive traveling when i am out the US for months at the time. So when i eventually came back to NYC in May i realized that because of all the medication, my husband became a drag addict to painkillers.
I am the only person who works and supports him, his mom and two brothers (who are way into their 30's). For 4 months i have been battling his drag problem and finally came to realize that it was not worth it. So i sealed a deal with his mom that she would take him back to her house and i would pay her for looking after him. He moved out and we haven't spoken since.

From the previous interview i know that the officer would want to see my husband in person again but i cannot bring him with me because of the way he behaves. I think it would do me more harm than good.
If anybody has any expertise or opinion about the list of documents you need to submit in order to prove marriage but they are not listed about, please let me know and i will try to gather them.
I was wondering whether i should bring a lawyer with me, just to set things straight and if it would help.
Secondly, even if i get denied, would it start a separate investigation about our relationship because if it does, i will have to take him back and he will keep stealing money from my purse as he did for the last 6 months.

Thanks a lot. Sorry for rumbling.

First, I dont think I get you clearly. You said you are applying for US passport. Do you mean you are appling for Naturalization (citizenship) based on marriage to US a citizen? I beleive thats what you need to do before you apply for US passport. Anyway, if you can clear that area, it will help shed some light on your situation. Your husband was not required to come with you to interview in any case but it is required that you are still married to the same US citizen in order to be able to apply for citizenship. From what you mentioned, you are no longer so the 3 year rule may no longer be applicable to you because you need to prove that you guys are still married and its very clear now. In fact, it will be best if you wait to file on 5 year rule. On the other hand, if you can prove to them that you ended the marriage on good terms, that will help but I will not advice that because it will look as if you are being deceptive. Trust me, USCIS will investigate and get to the bottom of things and it will create a lot of problem for you if they determine that you are lying, being deceptive or keeping any material factor for them.

At this point, one of your best bet is to contact and immigration attorney immediately before its too late because things doesnt look too good from your explanation but there is no reason to panic cos there is no challenge without a solution.

Wish you the best.

 

[sanjoseaug20]

Hello, to make from a long story short.
I came to NYC in 2002 for work (H1 visa) and in 2005 i got married. I applied and received a conditional green card in 2007 and earlier this year, my conditional GC was replaced with the permanent one. Because of the 3 year rule (spouse of the US citizen) i was eligible to apply for the US passport and had my first interview in August 2009.
However, according to my immigration officer, i wasn't able to prove the relationships with husband.
Well, like every family we are not perfect. The officer had many concerns because: i didn't take my husband's name as my own, my engagement ring didn't have diamonds but pearls instead, we didn't have a joint bank account and obviously, she asked me why he didn't come with me to the interview.

#1. The good thing is that your conditional GC has been replaced by a permanent GC, so you do not need to worry about your marriage. This will allow you go apply for naturalization under the 5 year rule with much fewer problems. There is unlikely to be process to revoke your GC or to add conditions. Unless there is a serious discovery of perjury, and then some motivation on the part of CIS to roll back your status, your current status will change.

#2. However, you have your work cut out to prove the current naturalization process as a bona-fide one as there are warning signals all over. If the interview letter did not ask you to bring your husband, you do not have to, despite what IO indicated. However, will you be able to say that you are still married and living together when it is not true anymore? In many cases, keeping quiet and just showing the documentation might be enough if the IO does not ask any further questions. However, what if he/she does? You can not lie. The chances of you being asked more question is more than 90%. You should seriously think whether re-applying in a 5 year rule would not be better?

 

[baikal3]

I am the only person who works and supports him, his mom and two brothers (who are way into their 30's). For 4 months i have been battling his drag problem and finally came to realize that it was not worth it. So i sealed a deal with his mom that she would take him back to her house and i would pay her for looking after him. He moved out and we haven't spoken since.

I agree with the previous posters. In order to qualify for naturalization under the 3-year rule your marriage to a U.S. citizen spouse has to still be intact at the time of the interview and of naturalization. Obviously, that is not the case here, so you do not qualify for naturalization under the 3 year rule.

You are better off withdrawing your N-400 application now and applying later under the 5 year rule (where your marital situation is irrelevant).

 

[Jackolantern]

So when i eventually came back to NYC in May i realized that because of all the medication, my husband became a drag addict to painkillers.
I am the only person who works and supports him, his mom and two brothers (who are way into their 30's). For 4 months i have been battling his drag problem and finally came to realize that it was not worth it.[/COLOR]

A drag addict? Like RuPaul? Methinks the right word is "drug"!

 

[Kveta]

Thank you for all the advices, i don't know if i made it clear but i guess not - my husband and I are not divorce and not planning to get divorce. I am the only source of income for him and his family, and even though i am tired to see him neurotic and angry, i can't leave him right now.
I already have a scheduled interview 2 weeks from now, so i don't think i can pulled out my application form especially knowing that my marriage is true but at this moment, he doesn't live in my apt anymore.
Thank you

 

[Jackolantern]

To qualify for naturalization via the 3-year rule, your marriage still needs to be healthy and viable and you need to be still living together*. It is not good enough to be legally married.


*unless you have a very good explanation, like your spouse is deployed in the military, or is temporarily living separately for work reasons.

 

[baikal3]

Thank you for all the advices, i don't know if i made it clear but i guess not - my husband and I are not divorce and not planning to get divorce. I am the only source of income for him and his family, and even though i am tired to see him neurotic and angry, i can't leave him right now.
I already have a scheduled interview 2 weeks from now, so i don't think i can pulled out my application form especially knowing that my marriage is true but at this moment, he doesn't live in my apt anymore.
Thank you

I did understand that you are not divorced, but that does not matter. The standard for the marriage being intact under the 3 year naturalization rule is quite high, considerably higher that for I-751 approval.
For N-400 you really do need to prove that the marriage is still fully intact, that you are living together and maintaining a common household etc.
If there is a legal or even informal separation, these conditions are not satisfied. As you said yourself, you husband has moved out and is living with his mother and you are not speaking to him. IMHO, that definitely does not qualify as an intact marriage for N-400 purposes.

I understand that you are in this situation through no fault of your own, but the 3 year rule is pretty rigid in this respect.

 

[Bobsmyth]

USCIS will want to know the current status of your relationship with your husband and what your future plans are. If you're heading towards legal separation and/or divorce because of his drug addiction, then you should expect a denial. On the other hand, if you can show that this living arrangement is a temporary situation and that you're working at reconciliation, then the IO may use discretionary power to determine merit of your case (i.e not an automatic denial). Is your husband undergoing drug counseling? Can you get him committed to a rehab clinic? By being sincere with the IO that your husband's drug problem has caused the living arrangement and that steps are being taken to resolve it will show your intentions for the marriage as a whole. Simply stating that you dropped him off with his mom to live due to financial issues does not look good.

 

[Bobsmyth]

If there is a legal or even informal separation, these conditions are not satisfied.

Informal separations are judged on a case by case basis and do not result in an automatic denial. Also, there is leeway given to couples living apart due to hardships out of their control (economic, job, or military). If the OP is sincere about the marriage, she needs to show that her husband's drug problem is the hardship that has caused them to live apart , and that steps are being taken to repair that relationship (ex:drug counseling for husband).

 

[richmondva]

The only other thing I would like to add to what others have suggested is that under no circumstance should you lie to the IO under oath for any fact that can be verified to be false later. Remember a delay of 2 years is worth waiting than be denied on moral grounds and cause further delays or be barred permanently. So make sure you understand and prepare your case very well before you go and also keep in mind what you had said during the first interview and be consistent/provide evidence accordingly.

 

[Al Southner]

Young lady,

Here are the facts which you should consider carefully and with absolute objectivity:

You asked your husband to leave from your apartment, NOT yours as in the two of you. This is your language here because amongst other difficulties you experience with your husband, he's addicted to pain-killers due to this 3 story accident. A sidebar, what happened which caused him to fall 3 stories? Did you file a lawsuits and receive some settlement?

USCIS policy is clear as a sky on all filers based on 3 year marriage: proof of co-habitation is required, USCIS officers can request evidence the size of MT Everest to verify that the applicant meet these requirements. For a moment, let examine the facts which you share with this board:

Are you currently living with your husband? NO. Why? He's addicted to pain-killers and require taking care on a daily basis, so I send him to his mother for care and I am paying her. In my view, if I become sick and my wife sent me to my mother, we are done. I am filing for divorce, that's just me.. USCIS red flags will be up because he's living with you at the moment, and you should be upfront in disclosing this fact... lying HAS NEVER endeared people to USCIS..

Do you have proof of joint asssets? He doesn't have any assets from what I read in your posting, no bank account due to his liability from his single days, so financial co-mingling has a certain weight with USCIS, even if it isn't explictly stated. During your marriage, has your husband made an effort to settle this liability in anticipation of building a future together? If not, what has been your role in building a life together...

Do you guys have any children? I gather NOPE. The evidence which you provided is inconsequentianl in my view, to procure a greencard, yes. US citizenship has a higher bar which is a tad above you at the moment based on the information you provided above.

Lastly, cancel and re-apply under the 5 year rule. You will have a peace of mind and you don't have to bring your husband. If she clearly asked why you didn't bring your husband, what makes you think that she's going to gloss over the fact that the other chair will be empty. In other words, what will you be carrying which can satisfy her that you didn't bring during the first interview? What is disconcerting to me personally is this statement from your post "From the previous interview i know that the officer would want to see my husband in person again but i cannot bring him with me because of the way he behaves. I think it would do me more harm than good". It reeks of issues which you are attempting to sweep under the rug, but USCIS want to keep them afloat so you can account for them. You can lawyer up, unless that lawyer is your husband, you will be wasting money. Let us not misuse lawyers, they have been bad already... Do you know the current waiting time for lawyers to enter heaven?

 

[Kveta]

Even though i don't need to justify myself, i want to clear some things.
I had no intentions to lie to USCIS if asked where my husband was currently living. I have no intentions to lie about anything.
My husband had a job related injury (he was a supervisor in the construction company) and right now he is in the legal process against MTA, though it it not relevant to my case at all.
When i said it was my apt, i literally meant it. I bought it before we even met and according to our prenuptial agreement, all my properties will remain with me in case of divorce.
My husband's mother needed a source of income so taking care of her own son seemed like a justifying way of making money (and believe me, i felt just as humiliated as her, receiving her weekly calls asking for more money.)
As for drag-rehab? Have you ever tried to explain a drunk person that s/he is alcoholic? It is the same story. I do not believe he understands this and he had to move out because he attacked me while i was asleep.
But it doesn't mean i don't love him. It has been only 4 months and we lived separately for just over 5 weeks.

I could definitely wait for another 2 years but i made a partner at London based law firm and i will have to relocate sometimes in the next couple of months. And yes, my husband will come with me, but if i miss this interview, i may kiss goodbye to the whole naturalization process.

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?

 

[Bobsmyth]

As for drag-rehab? Have you ever tried to explain a drunk person that s/he is alcoholic? It is the same story.

One word: intervention.

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?

You have nothing to loose my showing up . Be honest and disclose at interview that due to finances he is now living temporarily with his mom since he has a drug problem, and that you have no intention of seeking separation or divorce.

 

[Uncle Joe]

Thank you for all the advices, i don't know if i made it clear but i guess not - my husband and I are not divorce and not planning to get divorce. I am the only source of income for him and his family, and even though i am tired to see him neurotic and angry, i can't leave him right now.
I already have a scheduled interview 2 weeks from now, so i don't think i can pulled out my application form especially knowing that my marriage is true but at this moment, he doesn't live in my apt anymore.
Thank you

You are not living together, that's the issue will deny your application.
You are not eligible for citizenship under 3 year requirement.
USCIS officer asked you to bring your husband to question him.
You applied based on MARRIAGE. So if you can't proof your marriage you will be denied and your green card might be revoked. You have no choice to bring your husband.
It's easy to put another name on bank account. it's easy put somebody in beneficiary list. I put my sister in my beneficiary list, nobody asked her ID or something like that. There is no problem with adding another name on bill, all you gotta do call the customer service they will add your husband and all his neighbors without asking questions.


You are not using his last name, it's up to you, but that saying something. me personally when i was reading your post has doubt that your marriage is real.
It's only my 2 cents

 

[Bobsmyth]

You are not living together, that's the issue will deny your application.
You are not eligible for citizenship under 3 year requirement.

Not living together is not an automatic denial. An applicant can live apart from USC spouse due to certain types of hardship and still be eligible under 3 year requirement. Living together is only one part of proving bona fide marital union. Likewise, living together does not guarantee an approval if support documents are not enough to show a bona fide marital union.

 

[Uncle Joe]

Not living together is not an automatic denial. An applicant can live apart from USC spouse due to certain types of hardship and still be eligible under 3 year requirement. Living together is only one part of proving bona fide marital union. Likewise, living together does not guarantee an approval if support documents are not enough to show a bona fide marital union.

Not living together, not changing last name, refusing bring her husband on the interview. And she wants the IO to believe her? Common sense

I think it would do me more harm than good.

Can you read her first post

So when i eventually came back to NYC in May i realized

he will keep stealing money from my purse as he did for the last 6 months.

Question how can her husband was able to steal her money out of her purse for the last 6 months if she was out of the city?


I can feel this marriage smells like cheap coffee.

 

[Bobsmyth]

.. not changing last name, refusing bring her husband on the interview. And she wants the IO to believe her? Common sense

Many women don't take on last name of husband after marriage. What does that have do in proving bona fide marriage along with type of ring?(pearls vs traditional diamonds)
The OP didn't want to bring her husband due to his erratic behavior under influence of drugs.
However, mentioning she hasn't spoken to her husband since he moved doesn't look good.

Question how can her husband was able to steal her money out of her purse for the last 6 months if she was out of the city?

The way I understood it is that she came back in May and later found he was stealing from her (after she go back home from England but before he moved out).

 

[Uncle Joe]

Seems like she worries about her citizenship more than her husband health.
She dumped him to his mother after she applied for naturalization.