N400 decision cannot be made after 2nd interview

[Worried_joel 6]

Hi there,

I am posting this topic to seek help and advice on what to do next.

Here some background on myself.

Marriage through a citizen and got my GC through my wife.

Married on 2008 feb and divorce on 2010 OCT finalize.

Got my GC on 2009 March

Reason for divorce: Wife cheated on me. =(

First interview July 1st.2014

Decision cannot be made

Second interview Sept 11 2014

Decision cannot be made

Has been waiting for 44days now. It is hella painful to wait. Everyday is a disappointment when I open that mailbox!

Lawyer said nothing I can do now. Wait and see.....

What should I do now?

Anyone has better ideas?

[Penguin_ie 5,984]

Do you know WHY a decision could not be made?

It is very rare to have a second interview, what sort of questions did they ask?

[Tom_Jim 40]

Lawyer said nothing I can do now. Wait and see.....

What should I do now?

You should probably do what your lawyer says.

"Wait and see..."

[jenny2014wu 7]

Sorry to hear that , my gf divorced after got 10 y gc. He apply for 5 y rule. They didn't ask her anything about marriage , she got citizen at the same day.

She is in ny office. You must meet a difficult officer. Good thing is they didn't find a reason to deny you. So just wait. 5 y rule is nothing to do with marriage. I apply for 5 y rule ,marry with USC hubb. The do have my roc file on flicker s table. The did dig into the paper, I keep talking to the officer about my work. Then she stop digging, said I approve you.the officer is smile all the time. You must meet a difficult one. If they deny you, then go the court then.

[JimmyHou 610]

Hi there,

I am posting this topic to seek help and advice on what to do next.

Here some background on myself.

Marriage through a citizen and got my GC through my wife.

Married on 2008 feb and divorce on 2010 OCT finalize.

Got my GC on 2009 March

Reason for divorce: Wife cheated on me. =(

First interview July 1st.2014

Decision cannot be made

Second interview Sept 11 2014

Decision cannot be made

Has been waiting for 44days now. It is hella painful to wait. Everyday is a disappointment when I open that mailbox!

Lawyer said nothing I can do now. Wait and see.....

What should I do now?

Anyone has better ideas?

In cases where USCIS is just being slow in scheduling appointments and responding to inquiries, contacting your congressional representatives may be helpful. You can try this after some more time has passed (I would probably wait a while longer), but they response to a congressional inquiry may just be that they are reviewing your application. This might, however, make then sped up the process.

In cases where USCIS is taking too long in making a decision, you can take them to court. Your lawyer should know that you can sue USCIS and get a federal judge to order them to make a decision on your case.

This has happened many times in the past, usually it's because of USCIS errors or bureaucracy, but in rare cases it is intentional when USCIS does not want to naturalize someone, but has no legal grounds for denying them. There have recently been several individual lawsuits addressing the former issue and several class action lawsuits addressing the latter issue.

[DC85 113]

I think you didn't include any details so that you can get some advices.

1- How was your first interview ? what are the questions the officer asked you ?

2- what was the grounds for second interview and what question the officer asked you ?

[NancyNguyen 1,657]

OP forget to mention he got married with a F1 student on his GC from previous marriage. Immigration has every reason to suspect his first marriage a sham one.

[JimmyHou 610]

The OP asked if there's anything he can do to get a decision from USCIS after his second interview.

If USCIS thinks his first marriage was fraudulent, then they should deny his application and not leave him in limbo. Six weeks isn't too long to wait after the second interview, but if this stretches to 3 or 4 months, then it'll be clear that USCIS isn't investigating anything, but just doesn't want to make a decision.

There are steps (mentioned in my last post) he can take to get a deduction (approval or denial). There are risks, of course, that the decision will not be the one the OP is hoping for.

[vbms 16]

Hi there,

I am posting this topic to seek help and advice on what to do next.

Here some background on myself.

Marriage through a citizen and got my GC through my wife.

Married on 2008 feb and divorce on 2010 OCT finalize.

Got my GC on 2009 March

Reason for divorce: Wife cheated on me. =(

First interview July 1st.2014

Decision cannot be made

Second interview Sept 11 2014

Decision cannot be made

Has been waiting for 44days now. It is hella painful to wait. Everyday is a disappointment when I open that mailbox!

Lawyer said nothing I can do now. Wait and see.....

What should I do now?

Anyone has better ideas?

You have hired a lawyer who is an expert in immigration matters. In my opinion, just do as he suggests.

I can totally understand how painful it is to wait. But look at the positive side in your case, they haven't denied you.....so there is still hope.

[Worried_joel 6]

I have a baby daughter with my current wife. Does that helps?

[2ndMessiah 184]

I have a baby daughter with my current wife. Does that helps?

Congratulations on being a father. The answer is no....

[JimmyHou 610]

I have a baby daughter with my current wife. Does that helps?

No, if I understand your story correctly, your current marriage doesn't have anything to do with how you got your green card or your eligibility for citizenship.

[Worried_joel 6]

Here is what the I/O questioned me about during the 2nd interview

He asked mainly base on Children

1) How many children do your ex wife has.

2) Any children belongs to me biologically?

3) What is their name?

4) Who is their biological father?

5) etc..etc...

So at the ending part, he computed a list of questions and answers from me and had me initated. After that, he checked on my passport and came back to me, with that piece of paper saying a decision cannot be made yet. We will inform you through mail if we need anything else, otherwise you will receive your oath if you are approved. That is it.

[NancyNguyen 1,657]

They clearly didn't believe your first marriage. Someone has waited for years to get response, so you can only wait.

[simanonymous 0]

Hello Worried_Joel,

I am concerned about your case. You mentioned that you married a US Citizen and applied for I 485 adjustment of status. Now I have the following questions for you:

1. Did you apply for I 751 removal of conditions jointly with your first US Citizen spouse and than got divorced OR did you get divorced before 2 years and applied for I 751 WAIVER yourself to remove conditions?

2. Did you meet your new wife right after divorcing or during the previous marriage?

3. Did you have any kids from the previous marriage that got you I 485?

4. What kind of evidence did you present at your I 485 and I 751.

I will wait for you to answer these questions before responding further. This way I can better understand your case.

Thanks.