What’s the longest you’ve had to wait for a response after n400 interview?

Fin

Registered Users (C)
Per my understanding you are required to be legally married and not separated from your husband as of the date you get your 10 year green card approved. However, I am not aware of any requirement that he pays you child support unless ordered by a judge during a divorce decree. Even if he doesn’t, that’s his fault and not yours and can’t be held against you. It is a separate legal matter that would be dealt in a family court and not immigration office. Also if you are divorced and do not maintain good relationship with your husband’s family, how are you supposed to get affidavits from them. I don’t think this is “clear and convincing evidence” that’s required by the statute for USCIS to prove marriage fraud and it’s especially not relevant to a 5 year citizenship application. But that’s my opinion....other experts can chime in. I’m sure you already may have, but I would highly recommend getting an attorney who is experienced in such matters, especially alleged fraud. If the matter ever goes to immigration court, he will have to DENY the allegations on the NTA so that DHS will have to prove them with substantial evidence.

I had a similar bad experience where the naturalization adjudicator tried to deny my application because I could not remember certain dates in my asylum application for events that happened 8-9 years prior to the interview. But when I filed a federal court case, the whole thing fell apart and they naturalized me. It was not her jurisdiction to ask me that question at all - my petition was granted by an IJ.
 

Allproblemsdie

New Member
Per my understanding you are required to be legally married and not separated from your husband as of the date you get your 10 year green card approved. However, I am not aware of any requirement that he pays you child support unless ordered by a judge during a divorce decree. Even if he doesn’t, that’s his fault and not yours and can’t be held against you. It is a separate legal matter that would be dealt in a family court and not immigration office. Also if you are divorced and do not maintain good relationship with your husband’s family, how are you supposed to get affidavits from them. I don’t think this is “clear and convincing evidence” that’s required by the statute for USCIS to prove marriage fraud and it’s especially not relevant to a 5 year citizenship application. But that’s my opinion....other experts can chime in. I’m sure you already may have, but I would highly recommend getting an attorney who is experienced in such matters, especially alleged fraud. If the matter ever goes to immigration court, he will have to DENY the allegations on the NTA so that DHS will have to prove them with substantial evidence.

I had a similar bad experience where the naturalization adjudicator tried to deny my application because I could not remember certain dates in my asylum application for events that happened 8-9 years prior to the interview. But when I filed a federal court case, the whole thing fell apart and they naturalized me. It was not her jurisdiction to ask me that question at all - my petition was granted by an IJ.

We were still legally married, he was just in another country because of the military and I obviously couldn’t go there with our daughter. It seems that asking for evidence from so long ago should already be a factor that goes against a case they’re trying to build. It’s like they’re saying no evidence means you’re already guilty. But it should be the other way around.
 

Fin

Registered Users (C)
They should have asked you for evidence during your adjustment interview. The fact that they approved your petition means that you met your burden of proof. Now they are claiming that you were not properly granted your green card so it’s their turn to meet the burden of proof. Moreover if they want to rescind someone’s green card they have 5 years to do so. They obviously did not do it with you. So the statute of limitations has also expired. Read Garcia v Attorney General (3rd circuit). Unless they have a very concrete evidence such as a statement from your Ex husband that the marriage was fake, the evidence is quite flimsy. Even a statement from an ex spouse can be challenged...
 

Allproblemsdie

New Member
They should have asked you for evidence during your adjustment interview. The fact that they approved your petition means that you met your burden of proof. Now they are claiming that you were not properly granted your green card so it’s their turn to meet the burden of proof. Moreover if they want to rescind someone’s green card they have 5 years to do so. They obviously did not do it with you. So the statute of limitations has also expired. Read Garcia v Attorney General (3rd circuit). Unless they have a very concrete evidence such as a statement from your Ex husband that the marriage was fake, the evidence is quite flimsy. Even a statement from an ex spouse can be challenged...

That’s what I don’t understand. Some of the things they are asking for seem a little ridiculous in my opinion. Now I feel like no matter what I submit it will not satisfy this IO because she may be biased. Anyway, I have hired a lawyer and I’m hoping for the best. Thank you!
 

Allproblemsdie

New Member
It’s been 2 years since I first applied for citizenship. 5 months since I got my NOID. And today I got an email notification saying I should be receiving my oath ceremony letter in 30 days. So happy and so overwhelmed with emotion. It’s been a tough process but I’m happy to finally be an American.
 
Top