Re-applying N-400 (5 yrs req) after being denied the first time (3 yrs req)

[Neo007 0]

Hello v-journeys friends,

I had N-400 interview last week for the second time, this time based on 5 yrs requirement (first being denied on 3 years). Let me give you guys an explained description, so you can help me with the options I have got. Please bare with me here.

First GreenCard (IR6) - 2008

Year 2009:
Things between me and my wife( Petitioner) was not going well back in 2009 - first year of our marriage. I had a medical condition and I was not able to impregnate her (low sperm count : ) And she really wished to have a baby. One night we had an arguments, two month later, we found out she was pregnant. She cried and asked for my forgiveness and she even was ready for an abortion. I didn't talk to her about a week but she was the girl I really loved and cared and I never wished to see her sad and depressed. I said 'no' to an abortion and we moved on our live. She gave birth to a beautiful daughter in October- 2009. We had moved on to our lives forgetting the past and looking forward the bright future with our family together.

Year 2010: I- 751:
We applied to remove the conditions around November- 2010. Note that we sent Birth Certificate of our Daughter(in which I was not listed as a biological father).In addition, we sent three years of married filing jointly tax returns, lease together, bank accounts, credit cards, car insurance, utility bills/ photos of vacations and Birthdays and lots of others documents. We didn't lied and we got approved in April- 2011, without interview. My wife was applying for a job and she couldn't find any because of the bad economy back then. Her best friend (miss A) was working and they had openings and miss A filled the job application on my wife's behalf and Miss A ended up putting "HER" home address in job application, she didn't know our home address. Shortly after my wife got hired and we didn't cared much about the job application miss A filled in.

Year 2011:
I graduated from University and found my dream job. Good pay, good benefits, awesome health insurance coverage, wife, child, happy family- a complete package of an American dream

Year 2012: First N-400 application
So, we applied for N-400 based on three years of marriage around October-2011. We had sent all the documents again, 4 years married filing jointly tax returns copies, my wife and daughter listed on my health insurance, my wife listed as beneficiary on 401 K, lease on both of our names, medical bills of 5K, car insurance, joint bank accounts/ multiple credit cards, utilities, photos together of multiple party/events and much more.

I had an interview Feb-2012, officer was very rude and bombarded me with questions about the child born out of wedlock which I explained and I passed the test I was handed N-652 with decision couldn't be made check marked. A week after we received RFE, asking my wife’s w-2. Which was not a big deal but when we looked at the w2, Miss A’s address was on it, Alas!!! So we write a letter alone with w2 explaining about the situation. Four months after the interview after multiple info-passes and letters to congressman, We got denial letter stating that,” USCIS found Me and My wife were NOT living together for the entire three years which made me ineligible to apply under three years rule and they also found we had baby born out of wedlock”. I was devastated and we thought to wait for a year or so to apply under 5 years rule. Hence we let the application go denied and didn’t act upon it.

Year 2013:

Things weren't on my side, I got laid off from work and finance hit us hard that led us to separation and then divorced, 5 years of marriage came to a full stop!!

N-400 second Interview:
I applied again for the second time based on 5 years requirement on November- 2013. I had the interview last week. I was again bombarded about the previous denial and with the same questions about marriage and child born out wedlock to answer I explained every possible detail to an IO who was very professional and friendly. IO said, he needs to go over the file again and I will receive a letter in a mail about the decision.

My concern now is, if I am denied this time what would be the probable cause? I am very tensed and worried about this whole N-400 already.

Thank you for your time reading and looking forward to your valuable suggestions and replies
Neo007

[TimeTravel 78]

If the final result does not come in your favor, then hire a good attorney to defend your case, and have it re-reviewed your N-400 application again.

[Dario2012 51]

What happened to you is terrible and as the above response advised, a decent lawyer is what you probably need. He or she will be able to present the facts of your case in a positive light. Just looking at the application you file and the raw facts in there (some qualifying as tragic comedy) would make any IO look at you unfavorably.

From what you wrote, it doesn't seem you did anything wrong. Good luck on your second try.

Edited May 31, 2015 by Dario2012

[NancyNguyen 1,658]

He was approved long time ago, please check posting time before contributing.

http://www.visajourney.com/forums/topic/499781-quality-review-by-uscis-have-any-of-you-heard-that-before/#entry7093333

[Ontarkie 14,977]

~~Thread locked to further comments. The update is in the post above. Please don't revive old threads.~~

Edited May 31, 2015 by Ontarkie