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N400 Denial continuous residency

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Filed: Citizen (apr) Country: India
Timeline

actually they count from when you filed the application.. so when you file for n400 you have to make sure you are meeting the requirements in order to obtain citizenship.. and one of the requirements is physical presence.. but did you file based on your marriage or 5 year rule?

 

 

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Filed: Citizen (apr) Country: India
Timeline

well.. it means you have to be present in united state for 18 months that it 548 days.. and you were present 529 days.. so you were short 19 days short.. you can refile it again soon.. it just 19 days.. make when you file it you were present in US for more then 548 days..

 

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Note that this is a denial based on physical presence, not continuous residency. Two different requirements (both of which must be satisfied). The continuous residency requirement is questionable here as well IMHO, but was not raised in the denial letter.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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I can see your confusion.  The letter does contradict itself as it states 'during the 3 years preceding filing' and then lists dates AFTER the date of filing, but then states it is the three years immediately preceding the filing.

So, which is  the correct one? The filing date or the interview date? 

 

Looking at it logically (USCIS and logic..ha!) if you, say, were filing 90 days before you are eligible for filing under the three year anniversary rule and it is taken form the date of filing, you would also be ineligible under the physical number of days in the US rule - unless the 90 days preceding calendar date for the anniversary is taken into account are taken into account at the time of interview. If the 90 days is taken into account for the anniversary date purposes, then it stands to reason it must also be be for the number of days for physical presence too. 

 

 

 

On the date of the interview you were 19 days short, so counting from the 23rd to today, you now meet the required days.

File an N-336, and then it should be recalculated on the date of the hearing and approved.

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: K-1 Visa Country: Ukraine
Timeline

.

Edited by x_driven_x

K1 / K2 Visa

Service Center: California Service Center

Consulate: Kyiv, Ukriane

 

I-129-F mailed to USCIS 2017-11-10

Case Status received (NOA1) by USCIS: 2017-11-14

Check cashed: 2017-11-17

Case Received Email Notification: 2017-11-17

Case status available on myUSCIS: 2017-11-20

NOA1 Hardcopy received by mail: 2017-11-24

NOA2 Approval (204 days): 2018-06-06

Approval status updated on  new website: 2018-06-08

-- no updates on old website, no text, no email --

NOA2 Hardcopy received by mail: 2018-06-12

NVC Case Number Generated (21 days since NOA2): 2018-06-27

Case Left NVC: 2018-07-10 (13 days at NVC)

Case Received by Embassy: 2018-07-12 (2 days travel time!)

Medical Exam: 2018-07-16

Interview: 2018-08-08 (Approved)

Entry: 2018-09-19 (Chicago POE)

Marriage: 2018-10-12

 

"New" Case Status website: https://myaccount.uscis.dhs.gov/

"Old" Case Status website: https://egov.uscis.gov/casestatus/landing.do

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agree with mindthegap.

USCIS allows people to file 90-days earlier before the anniversay ,only if  you have already met the residency requirement. In your case, by the time when you filed N400,you haven't meet the requirement yet, but you chose to leave the U.S. for additional 3 months. whick hurts your eligbility. So, now you have to wait for a while to resubmit. 

 

they should reject you even earlier before giving your interview. 

 H1b ---> EB-1A (I-140) ---> I-485 AOS(Green Card) ---> 5 years --->  US Citizenship N400 application

  • Day 011/16/2017, e-filing N400
  • Day 3069/18/2018,  interview day--passed and in line for oath.
  • Day 332: 10/15/2018, Oath Day
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