Travel risk and denied Citizenship

[EmptySoul 0]

Hello all,

I had applied citizenship based on three years of marriage to my USC couple of moths ago. However, it got denied because USCIS thought that my wife and me didn't meet the three years requirement- not living together for the entire three years, even though we had tons of document to support that we were. So It got denied and my lawyer was asking couple of Grand’s to apply for an appeal which would take about another 6 months to process for an immigration judge to make a decision on my case. First, I didn't have any money to apply for an appeal and second, one year from that point of time, I would have been able to apply citizenship on my own merits based on 5 years requirement. So I let go of my whole application denied for the greater good :-(

Now that my application is denied and my marriage is going down the hill after 4 years and 2 months of our marriage, I need to travel for my home country for about a month or so. We had filed for divorce yet not finale. Is there going to be a problem for me coming back to the States? note that I have a permanent green card valid for 10 years. Will Custom agency at POE go through my denied N-400 application to huddle me?

Is there any way to check to see, if there is any problems on my greencard meaning if USCIS is trying to take away my GC from me, or any other possible red flags on my file?

Should I wait till i be USC to travel? Another 8-13 months (from application to oath, IF APPROVED)

Any suggestions are welcome.

Thanks.

P.s: On my denial letter it only states that " I didn’t met the three years requirement and thus not ELIGIBLE to apply for Citizenship at this time” It didn’t say anything about revoking my GC nor does it gives me a hint of denial without prejudice.

[Thomas and Kristi 17]

I'm just trying to clarify...what type of Visa did you obtain AOS on?

[Thomas&Cleofe 358]

USCIS is NOT trying to take your greencard

You are a lawful permanent resident of the USA....you are free to travel outside and return again.

[Anh map 2,098]

Hello all,

I had applied citizenship based on three years of marriage to my USC couple of moths ago. However, it got denied because USCIS thought that my wife and me didn't meet the three years requirement- not living together for the entire three years, even though we had tons of document to support that we were. So It got denied and my lawyer was asking couple of Grand's to apply for an appeal which would take about another 6 months to process for an immigration judge to make a decision on my case. First, I didn't have any money to apply for an appeal and second, one year from that point of time, I would have been able to apply citizenship on my own merits based on 5 years requirement. So I let go of my whole application denied for the greater good :-(

Now that my application is denied and my marriage is going down the hill after 4 years and 2 months of our marriage, I need to travel for my home country for about a month or so. We had filed for divorce yet not finale. Is there going to be a problem for me coming back to the States? note that I have a permanent green card valid for 10 years. Will Custom agency at POE go through my denied N-400 application to huddle me?

Is there any way to check to see, if there is any problems on my greencard meaning if USCIS is trying to take away my GC from me, or any other possible red flags on my file?

Should I wait till i be USC to travel? Another 8-13 months (from application to oath, IF APPROVED)

Any suggestions are welcome.

Thanks.

P.s: On my denial letter it only states that " I didn't met the three years requirement and thus not ELIGIBLE to apply for Citizenship at this time" It didn't say anything about revoking my GC nor does it gives me a hint of denial without prejudice.

If you possess a valid green card you ought to be fine.

[sasaqlain 24]

Based on what you have stated, I believe you should have no problems while traveling. You have a valid PR Card and that is enough to grant you re-entry into the country. Immigration officer at the port of entry has no reason to question you on your denied application or your personal on-going marital problems. You'll face those questions when you re-apply for naturalization. Good Luck

[EmptySoul 0]

I'm just trying to clarify...what type of Visa did you obtain AOS on?

I Came to US on F1, went though AOS to CR1 ( i believe) then currently i have IR6 type of visa of my greencard.

[TimeTravel 78]

You should be fine with your GC. But if you really want to double make sure about your case file, then visit any USCIS office using infopass. They can check the status for you as well. Or call them.

[EmptySoul 0]

Do you guys think I should wait on travelling until my divorce is final or i am fine either way? Can i tell custom officer that we recently separated and are in process of divorce, If i am asked whereabouts my wife? I have never travelled outside of the US ever since i came over here 6 years ago. This whole scenario is putting me in limbo that I can not make a decision about travelling. UGH....

[EmptySoul 0]

You should be fine with your GC. But if you really want to double make sure about your case file, then visit any USCIS office using infopass. They can check the status for you as well. Or call them.

Thank you iwaiting and others frens for your quick response. I really appreciate your responses.

I remember calling USCIS couple of times in the past, when i did the first thing i was asked by customer service representative was my receipt number. So in this case what would be my receipt number as i dont have any, what would be my question that "i am calling to see if there is any issues on my greencard?"

Thank you again.

[TimeTravel 78]

Thank you iwaiting and others frens for your quick response. I really appreciate your responses.

I remember calling USCIS couple of times in the past, when i did the first thing i was asked by customer service representative was my receipt number. So in this case what would be my receipt number as i dont have any, what would be my question that "i am calling to see if there is any issues on my greencard?"

Thank you again.

Receipt number can be found in Welcome Notice letter. In other words, it is a reference number that is used to check your green card application status thru uscis.gov

[Kathryn41 3,205]

You are fine to travel either while you are processing your divorce or after the divorce is finalized. You are a permanent resident and that doesn't change when you get divorced. Your petition for citizenship was denied on the basis that you did not yet meet all of the criteria and that in time you would be eligible. This has no negative effect on your permanent resident status. Many people remain in the US and never become a citizen and freely travel out of and back to the US. Nothing has happened that has changed your green card status so there is no reason that you cannot travel, especially if it is only for a month. As long as you have a valid passport and a valid green card, in the circumstances you relate you can leave and return to the US without an issue.

Just so you realize, when you call the Immigration Hot Line you are not talking to an immigration officer - you are talking to a low wage Call Center person who has a script in front of them with a list of standard questions and answers. They have exactly the same access to your computerized file information as you do. To get more information or to talk to an immigration officer you have to be forwarded by them to a 2nd tier individual who is actually experienced in immigration matters. While you might find such a call reassuring, there really isn't any need for you to contact USCIS regarding your status. You are still a permanent resident and nothing about that has changed just because you filed 'too early' (by their understanding) for citizenship.

[~PalmTreeGurl~ 154]

I 2nd to what Kathryn just said about asking to be transferred to a Tier 2 person... we had to do it and it worked! The first person both phone calls we made were of NO help! Tier 2 works!

[bigdog 377]

Like it was said before you have a valid GC, then it's your choice wait till your divorce is over and travel or go now. If you have concerns to an info-pass appointment.

[EmptySoul 0]

Thank you all, i feel safe now to travel.