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Tim

Passed U.S. Citizenship Test, but request more evidence..weird??

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My dear, you've got to calm down, all these rants aint gonna do you no good.

You didnt have enough money to have kids but you do to hire attorneys, hmmmm, nice one.

Secondly, you cannot sue the lady as an individual else all the CO at all the embassies would have been sued at one point or another. Just like all the IO's at various USCIS offices for most cases that they deny.

Just pray that your petition is approved, thats all you should be doing rather than making empty threats that isnt going to get you anywhere.

thanks for all of your support guys,

for income tax returns, I double check it again, we filed income tax returns as "Separately" in 2006, 2007, but we filed it as "Married Joint together" in 2008 because we had a salon business and it gives us larger deduction.

if my wife get approval for her citizenship, then it is cool, no problem. however, if a denial. I got more than enough money to hire good attorneys to take it to the court. (yep, I choose it a hard way) on my law suit, it will against the interview lady (not USCIS). this is not just for me, but for all other people, who came after me to have a such very hard and weird interview with her.

the intense of my lawsuit will get her az.z fired for wasting everybody's time & money and replacing her with someone else more professionally and more understanding. I understand that she just doing her job and get paid for interview people, but this is really crazy and not acceptable. on my lawsuit also include all the money & expenses for business & every body working at our salon for any business-closing days.

I know I got all evidence that prove my wife and I are a real couple, we work together, live together, home ultility bills and apartment Lease Contract show our address and our name, business is in her name but ultilities bills are in my names..we don't have our names together in bank account because I had bad credit (the bank refuse to open any account for me). Car insurance is also in our names. I even challenge the crazy lady to come to our salon check if we're working toghether and ask our clients if we're a couple or not....or even come to our apartment to check if we live together or not. ...what a mentally crazy lady.

Tim

Edited by onuche

09/20/2009 (Day 01): N-400 Mailed to Lewisville, TX (Express Mail with Delivery Confirmation)

09/22/2009 (Day 03): N-400 Delivered @ Lewisville, TX @ 9:30am

09/24/2009 (Day 05): Check Cleared

09/28/2009 (Day 08): NOA Received (Priority Date: 09/24/2009)

10/30/2009 (Day 40): (FP Notice Received (scheduled for 11/17/2009)

10/30/2009 (Day 40): (FP done via walk-in on 10/30/2009)

11-07-2009 (Day 48): Touched online for "testing & interview"

11/09/2009 (Day 50): Interview Letter Received

12/10/2009 (Day 81): Interview Date @ 12:30pm (re-scheduled for Dec 21 @ 12:30pm)

02/03/2010 (Day 137): Oath

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oh, by the way, there are two interview ladies. first one is for U.S. citizenship test, second one is for "adjustication office", that is the label on her door's office, which means she "adjust" the case...

anyway...either way of the outcome, we are really for it

Tim

I agree with others, just wait it out and see.

And it's "adjudication", not adjustication. :D

I hope everything turns out well for you and your wife.

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  • 1 month later...

There's a good blog about the possible outcomes of a citizenship interview:http://citizenship-test.us/2009/08/04/afte...view-what-next/

Hope it helps answer your questions and may be other future immigrants that have questions like yours.

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Filed: Other Timeline

Kathryn,

I understand that somebody filing for naturalization "2 years early" based on his or her marriage to a USC has to provide evidence that the relationship is still intact (although I think that can be done with very little paperwork, as you suggested).

Here's my question though, and I apologize if it sounds stupid:

Does somebody, who applies for naturalization after 5 years of being a LPR--assuming he or she has not broken the law in any way.--have a legal right to become a naturalized citizen?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Kathryn,

I understand that somebody filing for naturalization "2 years early" based on his or her marriage to a USC has to provide evidence that the relationship is still intact (although I think that can be done with very little paperwork, as you suggested).

Here's my question though, and I apologize if it sounds stupid:

Does somebody, who applies for naturalization after 5 years of being a LPR--assuming he or she has not broken the law in any way.--have a legal right to become a naturalized citizen?

I don't think "legal right" is the correct term.

In immigration matters, someone applying for an immigration benefit always carries the burden of proving eligibility for the benefit. The standard of proof is "via a preponderance of the evidence", similar to filing a lawsuit in a civil court. It's not "beyond a reasonable doubt" like it would be in a criminal trial.

If someone submits an application for naturalization then it is the duty of the USCIS to deny the application unless and until evidence is provided showing eligibility.

In particular, you have the burden of showing your entry into the US was legal. If that was based on a marriage-based visa, you have the burden of showing that the visa wasn't obtained fraudulently; i.e. that the marriage was entered in good faith. But the record already contains the judgement of the officer(s) who granted you the visa and/or green card, so unless something new has come to light that would cause the original decision to be in doubt, it's not likely you'd need to provide more evidence in order to meet that "preponderance of the evidence" standard.

There are a bunch of grounds under which an application for naturalization could be denied, not limited to just violations of the law or bad faith marriage. For example, someone who was unable to learn enough English or Civics to pass the test would be denied (there are exceptions for certain classes of people based on age, disability, and length of residence). Someone who had been a member of the Communist Party of the United States would be inelgible under INA 313, even though such membership is probably protected under the first amendment (I smell an interesting lawsuit if this is ever seriously challenged).

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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