Second Time trying N-400..Please help

So the denial basically states you were never a LPR and lack GMC, and are thus barred from reapplying again until 5 years after your interview? This doesn't make much sense since you still aren't a LPR 5 years after initial interview if you were never one to begin with.

They did renew my GC after FP with no problem..This is my issue..What to do...You make a lot of sense..if I were never a LPR to begin with...may be get a lawyer????
By renewing my GC are they agreeing that I am a LPR..if so..may be I can reapply...
 
This requirement bars your eligibility for citizenship in the USA until you have demonstrated good moral character for five
years after your March 2005 interview..."

Thank you for your opinion..

USCIS advised you to wait for 5 years after your March 2005 interview. If you had GMC in the last 5 years, --ie no brush with law-- please apply. I feel engaging a lawyer is waste of money. You will be routinely approved. Have no fears go ahead. All the best.
 
mandingoman34 said:
Interview in dec 1996...received conditional GC
conditional remove in or around 08/1998
Divorse final 06/1998
Apply for citizenship 06/2004
Citizenship Interview in March 2005
Denied letter in april 2005..
When was the 10-year unconditional card actually approved? 8/98 is less than 2 years after 12/96, so it looks like 8/98 is when you applied to remove conditions, not when the removal was actually granted (along with the 10-year card). And you said it expired in 2009, which indicates the card was issued in 1999.

When did you find out that you were divorced ... did you find out before the 10-year card was issued?

Were you both still living together with your ex-wife (who you thought was still your wife) when you applied to remove conditions?

It's unlikely they will deport you, but if you're going to actually get approved this time you'll need to prepare a good explanation that you did not know you were divorced when you filed to remove conditions. That is supported by the fact that your wife filed the joint I-751 with you, and you were still living together at the time (assuming that was true). If you have court papers showing that you both requested to stop the divorce, that would also help.
 
Guys, Am i missing something here... OP is married to a USC since 2004. I understand that he may have had to wait 5 yrs as USCIS questioned GMC, but shouldn't his next application be based on marriage to a USC?
 
Guys, Am i missing something here... OP is married to a USC since 2004. I understand that he may have had to wait 5 yrs as USCIS questioned GMC, but shouldn't his next application be based on marriage to a USC?

Yes I have been married to my now wife whom is a USC..Since 2004, I could have apply through my new wife and be a Citizen since...But apparently, this old case is still giving me issues...Please advise
 
When was the 10-year unconditional card actually approved? 8/98 is less than 2 years after 12/96, so it looks like 8/98 is when you applied to remove conditions, not when the removal was actually granted (along with the 10-year card). And you said it expired in 2009, which indicates the card was issued in 1999.

When did you find out that you were divorced ... did you find out before the 10-year card was issued?

Were you both still living together with your ex-wife (who you thought was still your wife) when you applied to remove conditions?

It's unlikely they will deport you, but if you're going to actually get approved this time you'll need to prepare a good explanation that you did not know you were divorced when you filed to remove conditions. That is supported by the fact that your wife filed the joint I-751 with you, and you were still living together at the time (assuming that was true). If you have court papers showing that you both requested to stop the divorce, that would also help.

My 10 year unconditional card was approved on 10/98..well in the norm..and at the time, it took a year to get the actual card...in 1999..

No we were not living together at the time,,but we were working on making our mariage work....
Yes I have a court document name praecipe that prove that we went to court trying to stop the divorce.....

Thanks for your imput
 
Guys, Am i missing something here... OP is married to a USC since 2004. I understand that he may have had to wait 5 yrs as USCIS questioned GMC, but shouldn't his next application be based on marriage to a USC?

He could apply based on 3 years of marriage to a USC, but it's probably worse to do that. Doing that means he has to submit documents to prove the bona-fide nature and health of this new marriage. That just provides more of an opportunity for USCIS to attack or delay his case, especially since this is a different marriage than the one through which he got his GC.
 
He could apply based on 3 years of marriage to a USC, but it's probably worse to do that. Doing that means he has to submit documents to prove the bona-fide nature and health of this new marriage. That just provides more of an opportunity for USCIS to attack or delay his case, especially since this is a different marriage than the one through which he got his GC.

I guess we have to assume that his current marriage is OK. If it is not, then that's a whole different story.
 
I guess we have to assume that his current marriage is OK. If it is not, then that's a whole different story.

Yeah,current mariage is more than Ok.. Living together since 2004,, son, open business and bought a nice house together...All finance..i mean this is for life..I have the whole bag of proof...what do you think..Could my current mariage of six years help me???
 
You need to be prepared to build your case on prooving that the original marriage was in good faith since that is the one your GC is based on.
 
I guess we have to assume that his current marriage is OK. If it is not, then that's a whole different story.

The marriage being OK and proving it is OK are not the same thing. Proving takes some effort, and gives USCIS the opportunity to find something wrong or missing. The OP already has to worry about proving the first marriage was proper; no need to complicate that with having to also prove anything about the second marriage, when he can qualify with the 5-year rule.
 
I apply back at the end of april and my DO was washington dc....got interview in August...Decision could not be made..at the time of interview...Receive oath letter two weeks ago for oath on 092310...
I am done with uscis....I would to thank you for your advise....
 
Congrats Mandingoman. Did you hire a lawyer or you just went alone with all guns blazing by yourself?

Hey Al Southner...I did hired a lawyer...I just did not have enough ammunition to take USCIS by myself...LOL
Although I751 was an issue, Lawyer advise to go forward...I did consult four lawyers and three of them advise me not to apply..and one was confident about applying...It is all about telling the truth...IO asked if I was divorce when conditional was removed and I said yes...went through application question..and then told me that he could not approve the case without a supervisor...
Now I am a happy USC and proud of it..
 
Hey Al Southner...I did hired a lawyer...I just did not have enough ammunition to take USCIS by myself...LOL

Congrats, and thanks for the update.

What did the lawyer do for you? Was the lawyer present at the interview? Did they write a letter (with their letterhead and signature) in support of your application?
 
Congrats, and thanks for the update.

What did the lawyer do for you? Was the lawyer present at the interview? Did they write a letter (with their letterhead and signature) in support of your application?

Jack
The fact that I751 was the issue, the lawyer advise that we fully disclose it and make an attachment...USCIS and the IO could have chosen to go after GC..But they decided not to...Yes the lawyer was present at the interview...and by saying yes when asked if my conditional was removed before 10 GC...IO was satisfied about it for it was the true...it is hard to tell such truth if you know it could bite you at the end..but that was the turn around on my application...
I would like to thank you and Bob and others on this forum for their suggestion....
 
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