Strange Denial For N400

oh yes my entire family was in the us and apartment with all tax payed.it was only me and my mother we went to finally settle the marraige .i showed her all taxes from 2006 to 2011 she said ok on everything and finally made me sign my new name on photos and at the end before leaving made me read document with my new name and date of birth

i called uscis and the lady there told me i see some background check is going on in ur case.
 
oh yes my entire family was in the us and apartment with all tax payed.it was only me and my mother we went to finally settle the marraige .i showed her all taxes from 2006 to 2011 she said ok on everything and finally made me sign my new name on photos and at the end before leaving made me read document with my new name and date of birth

i called uscis and the lady there told me i see some background check is going on in ur case.

"Background check" in this context usually means the FBI Name Check.
According to the policy adopted in 2006, the USCIS is not supposed to schedule a naturalization interview until the FBI Name Check is completed,
http://www.avlawoffice.com/YatesMemoBackgroundChecks.htm

However, from time to time they screw up and schedule an interview before the FBI Name Check is done; it is likely that this happened in your case. Then they wait until the FBI Name Check is completed before approved.
However, the amount of time it takes for the FBI Name Check to be completed is very unpredictable and does not depend on USCIS; it could take anything from a few days to several months to over a year or even longer (although long delays like that are quite uncommon now and usually it takes less than 6 months).
See http://en.wikipedia.org/wiki/FBI_Name_Check

However, according to 8U.S.C.1447(b), the USCIS has a legal obligation to adjudicate an N-400 application within 120 days of the naturalization interview:
http://www.law.cornell.edu/uscode/text/8/1447

So if 120 days from the interview you oath still has not been scheduled, you can then file a 1447(b) lawsuit in a federal court to force the USCIS to adjudicate your application. Hopefully, your case will be approved before then.

(In fact, it was a wave of 1447(b) lawsuits that prompted the USCIS to make the 2006 policy change regarding interview scheduling mentioned above)
 
so what do u guys suggest me to at the moment wait for 90 days or 120 days???

do you think bec the io made me sighn my new marital name on my photos and the documents and had me review all them finally means i was tentatively approved and that the io just needed to review my case once more?????

the io was nice i just hope everything happens normally and i dont have to file all thse lawsuits.my online case is still stuck at testing interview i calleduscis to atleast update my status the lady said i see background checks are going once they are completed then only they can update the case online


i have had a very simple case i am student studying pre medicine came thru family based immgration my dads sisters sponsored us came in 2005 had my pr sonce 2005 and i was very young at the time was dependant through 2010

i gave the io alll taxes filed by my parents she said oh u were dependant i said yes..........im still filing taxes

the only thing was tha she asked me for re entryy permits which i told i never had as i cameback within a year and showed the irs transcripts filed by my parents for those yrs.

at the end she took photocopyof my passport and saidseh will review my trips for those two yrs 2007 and 2008 i told her i dnt havereentry permots coz i came back she said she needs to make sureand made me sign my photos and everything else wid my new marital case

can someone pllllllllllllllll tell me shld i be hopeful for oath???
 
so what do u guys suggest me to at the moment wait for 90 days or 120 days???

Wait for what exactly?
If you mean filing a 1447(b) lawsuit, then, of course, you need to wait at least 120 days from the interview before doing that. If you mean making further inquiries (such as an e-request or an INFOPASS appointment), then you can certainly make them sooner than 120 days.


do you think bec the io made me sighn my new marital name on my photos and the documents and had me review all them finally means i was tentatively approved and that the io just needed to review my case once more?????

the io was nice i just hope everything happens normally and i dont have to file all thse lawsuits.my online case is still stuck at testing interview i calleduscis to atleast update my status the lady said i see background checks are going once they are completed then only they can update the case online


i have had a very simple case i am student studying pre medicine came thru family based immgration my dads sisters sponsored us came in 2005 had my pr sonce 2005 and i was very young at the time was dependant through 2010

i gave the io alll taxes filed by my parents she said oh u were dependant i said yes..........im still filing taxes

the only thing was tha she asked me for re entryy permits which i told i never had as i cameback within a year and showed the irs transcripts filed by my parents for those yrs.

at the end she took photocopyof my passport and saidseh will review my trips for those two yrs 2007 and 2008 i told her i dnt havereentry permots coz i came back she said she needs to make sureand made me sign my photos and everything else wid my new marital case

can someone pllllllllllllllll tell me shld i be hopeful for oath???

Nobody here is a clairvoyant, so we can't tell you exactly when to expect the oath, particularly because you may have a couple of different issues holding up your case:

1) It could be that they need to (re)do the FBI Name Check for some reason (e.g. if it was not yet actually done by the time of the interview)

2) You also mentioned that you had a 10 month trip abroad for marriage, which presumably happened within the last 5 years, right?

By law, any trip abroad longer than 6 month and below a year in duration is automatically presumed to break your continuous residency for naturalization purposes. This transfers the burden on the applicant to prove to the IO that the trip in question did not break continuous residency, and the IO has rather wide discretion in making the decision regarding this issue. Presumably during the interview the IO questioned you about the circumstances of that trip and about what kind of ties to the U.S. you retained during that trip. The IO then needs to evaluate the information you provided and decide whether or not your 10 month trip broke your continuous residency. If the IO decides that the trip did break your continuous residency, your N-400 will be denied (this time around), but you will be allowed to re-apply later.

As to how long you'll have to wait, as I said, it is entirely unpredictable, given the number of unknown factors here.
I'd say that if you still have not received an oath letter or a denial in about a month and a half or so schedule an INFOPASS appointment then.
 
so what do u guys suggest me to at the moment wait for 90 days or 120 days???

do you think bec the io made me sighn my new marital name on my photos and the documents and had me review all them finally means i was tentatively approved and that the io just needed to review my case once more?????

the io was nice i just hope everything happens normally and i dont have to file all thse lawsuits.my online case is still stuck at testing interview i calleduscis to atleast update my status the lady said i see background checks are going once they are completed then only they can update the case online


i have had a very simple case i am student studying pre medicine came thru family based immgration my dads sisters sponsored us came in 2005 had my pr sonce 2005 and i was very young at the time was dependant through 2010

i gave the io alll taxes filed by my parents she said oh u were dependant i said yes..........im still filing taxes

the only thing was tha she asked me for re entryy permits which i told i never had as i cameback within a year and showed the irs transcripts filed by my parents for those yrs.

at the end she took photocopyof my passport and saidseh will review my trips for those two yrs 2007 and 2008 i told her i dnt havereentry permots coz i came back she said she needs to make sureand made me sign my photos and everything else wid my new marital case

can someone pllllllllllllllll tell me shld i be hopeful for oath???


I think what they told you by phone that they are waiting background check is not true. better to call the fbi namecheck department . their number is given on this site somewhere and they will tell you the status of your namecheck.
 
better to call the fbi namecheck department . their number is given on this site somewhere and they will tell you the status of your namecheck.

No, actually, they won't. The FBI never discloses the results of an FBI Name Check directly to an N-400 applicant, but only to USCIS itself. You are confusing the FBI Name Check and the FBI fingerprint check. For the latter it is indeed possible to call the FBI directly and find out the results; the number is (or at least used to be) 304-625-5590 or 304-625-2406. The fingerprint check results are usually available almost instantaneously: they just run your fingerprints through their FP database and usually send the results back to USCIS on the same day. The FBI Name Check is a separate procedure that takes longer, and, as I said, the FBI does not release the name-check results directly to the naturalization applicant.
 
does making me sign my photos and documents with my new name in some way means i would be approved??????

any advice wld be apreciated nd also my status is still stuck attesting and interview which i have already given....
 
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i has been a month and a half and i still havent heard anything what shld i doshld i wait more couple months or hire attorney or something
 
i has been a month and a half and i still havent heard anything what shld i doshld i wait more couple months or hire attorney or something

Your interview was only 5 weeks ago. It's common for them to take 1 or 2 months after the interview to make a decision. No need for an attorney until they approach or exceed 120 days.
 
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