Allproblemsdie
New Member
I’ve been waiting 11 months after my interview for a response. Has anyone had to wait this long?
What’s the longest you’ve had to wait for a response after n400 interview?
- Thread starter Allproblemsdie
- Start date
Since you have finished your interview, I strongly suggest that you file a lawsuit under 8 usc 1447(b). 11 months is too long, some people end up waiting for years. I filed a lawsuit a little over 4 months after my interview and got my case moving quickly. If you file the lawsuit now, there is a 60 day response time for DHS, so you will most likely be naturalized by the time the pandemic eases. However, if you have skeletons in your closet, consider getting your case reviewed by an attorney before doing anything.
There is substantial information about filing a federal lawsuit against USCIS in the pinned thread on this forum. If you don’t do this, there is no guarantee how long you will end up waiting
There is substantial information about filing a federal lawsuit against USCIS in the pinned thread on this forum. If you don’t do this, there is no guarantee how long you will end up waiting
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Allproblemsdie
New Member
I’m considering it but I’m scared they might deny me because I’m taking legal action
LOL this is an urban legend. I was worried about such things too until I actually read immigration and case law before filing my case last year. They CANNOT deny you if you meet all the requirements of 8 CFR 316.2. Citizenship is not discretionary relief. In fact, when you file a lawsuit, a Federal judge be watching over your case. He will ask the AUSA the reasons for the delay and holdup. However if you don’t qualify under 316.2, you will be denied regardless of the lawsuit. That’s why I asked you if you have any skeletons in your closet such as inadmissiblity, misrepresentation, fraudulent marriage, unpaid taxes etc. If not, you have nothing to worry.
Allproblemsdie
New Member
I have never traveled outside the US. I pay my taxes. Have no criminal record. The only thing is I am divorced and couldn’t remember a few questions about my ex husband
Allproblemsdie
New Member
Yeah
I’m assuming you are applying after 5 years of your GC since you are divorced. I’m also assuming that you have successfully removed conditions and you have a 10 year GC. If you are applying based on a 5 year rule, you do not have to prove the validity of your marriage during citizenship. So if the interviewer was asking any questions about your marriage (apart from obvious ones such as your ex-husband’s name, marriage and divorce date, copy of divorce decree), they were going beyond the scope of the interview. I would file a complaint under 1447(b) ASAP and include that in the allegations as well (You were married, divorced, removed conditions and applying based on 5-year rule and USCIS officer tried to inquire into the validity of the marriage thus going beyond the scope of the interview). Most likely if there is no other problem the AUSA will make USCIS grant the case and schedule your oath. If they try to call you for another interview, they need to provide details about why they are calling you for a 2nd interview (see 8 CFR 335.3b). You have the right to refuse the 2nd interview since USCIS should have conducted it within 120 days. All this might sound overwhelming at first but if you don’t do it, you might end up being stuck worrying about what next. The lawsuit will make them either approve you or tell you what’s the issue with your case so that you can take the next step. I personally do not like the idea of being endlessly stuck. If you can’t do it yourself, get a lawyer. There are lawyers talking about federal lawsuits on YouTube or you can check Avvo.
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SusieQQQ
Well-Known Member
I do not believe this statement is correct. The interviewer may ask questions about how the green card was obtained in the first place and check the validity of the route. (I was even double checked on that - and I got mine through diversity visa.) It’s not uncommon to ask divorced applicants questions that pertain to the validity of their marriage if that was how they got their green card.
@Allproblemsdie , to ask the obvious, have you made any enquiry with uscis as to the delay in decision on your case? Or have you just been waiting? What is the latest case status on your account?
@SusieQQQ With due respect what is common and what is legally valid are 2 separate issues. Naturalization based on 5 years is covered by 8 CFR 316.2 while the 3-year rule is covered by 8 CFR 319.1. The differences are obvious - 319.1 clearly talks about how marital union needs to be proved, statutory differences between the marital union, separation etc. while 316.2 doesn't mention any of that. So the officer should be following the regulations during the interview. However, it doesn't mean they always do it - my adjudicator tried to ask me a bunch of questions about my asylum case when he had no right to re-adjudicate it (it was granted by IJ). However, when you have a federal case, all laws and regulations are strictly applied. For example, they tried to call me for 2nd interview - I flat out refused and filed a notice with the court that the USCIS was violating the regulation by scheduling an interview after 120 days and that too after the federal case was filed. As soon as that happened, the judge scheduled a phone conference and started questioning the US attorney about the delay. Within a few days I was naturalized with no more interviews.
Allproblemsdie
New Member
I applied under the 5 year rule. I never got conditional green card because I had been married for longer than 3 years when I got permanent status.
I have inquired but all they say it’s that it’s still within processing times.
My online account still says “we scheduled your interview”
I have inquired but all they say it’s that it’s still within processing times.
My online account still says “we scheduled your interview”
The manual merely says that the officer must check if the applicant was lawfully registered for permanent residence, which implies cursory checks such as verifying marriage date/certificate, asylum grant letter etc. depending on the type of adjustment. If the naturalization officer starts re-adjudicating all the original grants of cases such as asylum, vawa etc. by asking several questions about the case, it would usurp the authority of the original grantor (asylum office/IJ, etc). There is also a legal factor about the "burden of proof". The initial burden of proof to establish eligibility for asylum, marriage-based GC or any other benefit is on the applicant. But once the benefit is granted, the burden shifts to USCIS if they have to rescind it by showing "clear and convincing" evidence that the applicant was not qualified for it. So if DHS has doubts, they need to present their evidence first and then the applicant can disprove it rather than the other way around (where the officer asks the applicant to re-prove his case). This information is based on a top immigration litigator I had consulted during my case, although I did not end up using them due to affordability issues.
The inquiries are basically useless in my experience. It's a canned computer-generated letter.
Allproblemsdie
New Member
Allproblemsdie
New Member
@Allproblemsdie , to ask the obvious, have you made any enquiry with uscis as to the delay in decision on your case? Or have you just been waiting? What is the latest case status on your account?[/QUOTE]
I received a NOID. I’m currently trying to gather all evidence but it is difficult since most records are not kept after 5 years and it’s been more than at least 7 years.
I received a NOID. I’m currently trying to gather all evidence but it is difficult since most records are not kept after 5 years and it’s been more than at least 7 years.
Like I mentioned, since you applied 5 years after your GC, the burden of proof is on uscis to prove with clear and convincing evidence that your marriage is fraudulent. The NOID should list the evidence they have against you. You need to ask a lawyer to evaluate the evidence they have provided and challenge it. How long did you actually live together with your husband and his long were you married for? How long after the green card approval did you get divorced?
If they actually deny your case, you will be placed in removal proceedings where DHS will try to prove to the judge that your marriage was fraudulent and you can prove otherwise. Even if they are able to prove before the judge that your marriage was fraudulent, you can apply for a waiver under 237(a)(1)(H) to waive the marriage fraud if you have a Immediate relative who is a US citizen or a permanent resident. The waiver will let you keep your GC and you can immediately reapply for citizenship. In other words, you still have options.
If they actually deny your case, you will be placed in removal proceedings where DHS will try to prove to the judge that your marriage was fraudulent and you can prove otherwise. Even if they are able to prove before the judge that your marriage was fraudulent, you can apply for a waiver under 237(a)(1)(H) to waive the marriage fraud if you have a Immediate relative who is a US citizen or a permanent resident. The waiver will let you keep your GC and you can immediately reapply for citizenship. In other words, you still have options.
Allproblemsdie
New Member
We were married for a total of about 5 years. We only lived together for a year and a half because he got stationed in Korea and I couldn’t go but he still supported me financially. After Korea, he was deployed to the Middle East. We filed all forms while he was overseas. He filed for divorce about 2 months after getting back from the Middle East and stated on the divorce that we had separated in November 2010 but we never filed for any legal separation, we were just living in different countries at the time but still married and he still supported me. i am currently married to a USC and I just wish I could file everything under him. This has been a nightmare that has haunted me for a decade. Thank you for your response. I appreciate it. I’m trying to find evidence but the length of time that has elapsed is against me. I just hope I have enough and that the IO is not biased.
Did you and your husband attend your green card interview together? Were you living separately at the time of the interview?
You said that you could not remember where your husband was stationed. A mere lack of memory not sufficient to sustain USCIS’s burden of proof that your marriage was fraud. What reasons have they given in the NOID?
It’s good that you have a USC husband. It will help you in case you have to apply for 237(a)(1)(H) waiver. The waiver is quite generous since you do not have to show any hardship and it reinstates your permanent residency so you don’t have to start over again and can apply for citizenship right away. But this would be your last option if you can’t disprove their allegations. Good luck.
You said that you could not remember where your husband was stationed. A mere lack of memory not sufficient to sustain USCIS’s burden of proof that your marriage was fraud. What reasons have they given in the NOID?
It’s good that you have a USC husband. It will help you in case you have to apply for 237(a)(1)(H) waiver. The waiver is quite generous since you do not have to show any hardship and it reinstates your permanent residency so you don’t have to start over again and can apply for citizenship right away. But this would be your last option if you can’t disprove their allegations. Good luck.
Allproblemsdie
New Member
My ex husband did not attend. He was deployed at the time to the Middle East.
The reasons in the NOID were that I could not remember where he was stationed, that there is no proof that he continued to have a relationship with his child after the divorce, and the IO thinks I didn’t maintain a relationship with him after he left to go to Korea even though he was paying my bills, medical insurance, rent, and immigration attorney fees. She also wants him to say that our daughter is his child in a notarized statement, and to also state the course of our relationship. She also wants school forms for our daughter, and proof that he still pays child support. She also wants a notarized statement from me saying how I obtained the letter he wrote when we filed the 601 waiver, and all the affidavits from his family. And she also wants to know why I moved in with my mother while he was overseas. I guess she just thinks that everyone is rich enough to pay for rent and immigration attorney fees and filing forms with just one salary