Why would I receive certified mail from immigration?
- Thread starter santa_vik
- Start date
I would not advise it. No point in complaining unless you have to have solid proof for that. Feelings, idea, perception have no value. You cannot prove bias on part of IO.Take it easy. Cool it down. You can apply 14 months down the line or little earlier. I agree with previous post get more docs even though may not be needed in the end. All the best.
sanjoseaug20
Registered Users (C)
Why is no one talking about appealing this case? Don't people usually get 30 days to challenge a decision? If it is a question of 25 positive documents, and lack of 1 other document, I am sure it can be challenged.
You need to invest another $ 600 to do that and no good return is guaranteed.
Jackolantern
Registered Users (C)
Clearly this IO was determined to deny the case no matter what. If the lease was provided, he would have said something else was missing.
In addition, if they're going to deny the 5-year N-400 because of an issue with the marriage, it would have to be because they find that the marriage was not entered in good faith. That's very different criteria from the "marital union" standard for the 3-year rule, which requires ongoing viability of the marriage for 3 whole years plus the entire N-400 process. If they deny the 5-year app because they claim the 5+ year unseparated marriage was not entered in good faith, that would be easy to overturn on appeal.
That's not going to happen if santa_vik is still married and not separated when reapplying with the 5 year rule. The few people who run into that sort of problem when applying with the 5 year rule are those who got divorced or separated.
In addition, if they're going to deny the 5-year N-400 because of an issue with the marriage, it would have to be because they find that the marriage was not entered in good faith. That's very different criteria from the "marital union" standard for the 3-year rule, which requires ongoing viability of the marriage for 3 whole years plus the entire N-400 process. If they deny the 5-year app because they claim the 5+ year unseparated marriage was not entered in good faith, that would be easy to overturn on appeal.
Jackolantern
Registered Users (C)
At this stage, the time and cost to appeal is not that much less than reapplying (appealing would cost much more if a lawyer is used). And the chances of success are greater with the 5-year rule.
well, I m comfortable as is. marriage is in good faith, documentation issues are easy to deal with, appeal process I understand another 3-4 months. 13-14 months minus 3-4 months...i think it s not worth it..I thought about it but at the same time I dont wanna be aggressive about it, I dont really need to deal with it at this point, it was one of those bad incidents...
p.s. I dont think marriage being in good fatih was in question because not being able to prove that I m on the lease or live there doesnt necessarily mean that. the rest of the stuff was a total carbon copy of my GC application and 751 with the new dates on them. I think that made them not to question the marriage. if it was I d be revoked or getting nta of some sort for it.
p.s. I dont think marriage being in good fatih was in question because not being able to prove that I m on the lease or live there doesnt necessarily mean that. the rest of the stuff was a total carbon copy of my GC application and 751 with the new dates on them. I think that made them not to question the marriage. if it was I d be revoked or getting nta of some sort for it.
And I think appeals work better for more obvious cases, like having miscommunication, missing documents, lost files, having decisions based on wrong info, etc... I may be wrong..but my case I think still would be controversial, someone may come up and say, well you couldnt prove the living situation, you get denied again.
Jackolantern
Registered Users (C)
You already provided a long list of updated documents that are much more than most people provide ... I think your chances of winning the appeal would be over 90% if you get a good lawyer. But then you'd have to spend $1000 or more to involve the lawyer, and your chances are 99.9% if you simply wait and reapply with the 5 year rule.
Al Southner
Registered Users (C)
Santa,
I agree with your thinking on this, and Jack is right as well, the IO would have searched for another reason to deny your case. So, your approach to just wait for another couple of months is a good strategy. I would take the $600 for the appeal fee and take my wife to a weekend of fun in Vegas, rather than give it to a bureaucrat.
I agree..Jack is right as well..but imagine freaking file get lost or something on appeal..or take more than it is supposed to..personally I dont take anything granted for anything...brand new application seems like the way to go...and I'll keep $600 in our bank account:
)the more zeros you have at the bank the the happier you are..still doesnt trust the economy around the world especially one of those European countries..one of them may blow up another "Greek tragedy" anytime by telling another "global" economy nonsense story..
)the more zeros you have at the bank the the happier you are..still doesnt trust the economy around the world especially one of those European countries..one of them may blow up another "Greek tragedy" anytime by telling another "global" economy nonsense story..