RFE after N-400 Interview. Worrying my butt off!

[beaver48612 3]

I just had my naturalization interview. I filed based on the 3-year marriage. After the civic test (which I breezed through), the IO started grilling me about my marriage. I answered everything truthfully, but I guess the IO wasn't convinced. Red flag: My husband is much (MUCH!) older than me. Red flag: we have separate bank accounts. Red flag: we have no children together (no children period, not even from previous marriage), and have no plan of having any. So I was sent home with an RFE. The IO asked for last 6 months of bank statements for our 2 bank accounts. I don't understand how separate bank account statements will prove our bona fide marriage, but if you ask for it, I'm happy to provide it.

In the original N-400 application, I included:

- lease to our apartment, our phone bill, and cable bill with both our names on it.

- last 4 years of tax return

- representative photos taken since our marriage, including links to online album for more photos (with the amount of photos we have together in the thousands, printing them all our just was not an option).

During the interview, I showed the IO my life insurance policy that listed my husband as a beneficiary.

Apparently, all that just wasn't enough.

Fortunately, she gave me the RFE letter right there in the interview, and the stuff she requires (bank statements) is easy enough to get. I already have all of them printed out and ready to be mailed in tomorrow.

I'm just worried my ### off right now. What's next? What if those bank statements are not enough? What then? Will they deny me? Or make my husband and I go through another interview like we did when I applied for my first Green Card? Yes there are red flags about our relationship. Yes it is not a conventional relationship. But we do live very happily together, take frequent vacations together, and just generally enjoy each other's company. Marrying my husband was the best thing I've ever done and I would do it again in a heartbeat. How can I prove to them that our marriage is legit? And haven't we passed that hurdle when they interviewed us for my Green Card the first time?

I'm just very worried and frustrated right now.

[Hypnos 6,576]

When filing under the three year rule you have to prove your bona fide marriage all over again. If the IO is not convinced of the nature of your marriage then they can and have denied cases for it before.

You do not have to prove your relationship again under the five year rule, which can be a distinct advantage for atypical marriages.

Edited September 13, 2014 by Hypnos

[Ian H. 207]

Wow. I never realized that was the case. I thought that's what ROC was for. What happens if the OP's citizenship application is denied because the IO isn't convinced? Do they let her apply again under the 5 year rule or will it get serious?

[Ian H. 207]

OP: I definitely understand your frustration and concern, we haven't even done ROC yet and it looks like there will be more BS to deal with after the fact. I hope we don't get an IO like that because we will be very upset if we have to keep going through more #######. We were already denied a visa once and that was a very irritating experience. It sounds like you submitted enough docs and she is only focusing on the separate bank accounts.

[AnotherLostSoul 167]

OP: I think you should not worry. If this time your application feels you just remain a GC holder for an additional two years then you file again. Since by that time you're doing it under the 5 year rule they won't grill you or ask you to prove your relation is bona fide. So personally, i would not worry much at this point...it's not like they'll revoke your 10 year GC along with the denial for application to citizenship. Do not worry, if you get approved you get approved, if you don't, just live your life for another two years as a GC holder and file again two years from now. Good luck though!

[AnotherLostSoul 167]

One question popped into my mind by the way: did you guys have always separate bank accounts? Like even on AOS, and ROC? I'm only asking because I wonder if that could have been a problem that you guys had joint accounts up until you have gone through ROC and after that you guys separated it. And the IO may have thought you were like sort of like "I'm done with the hard part, now we can just hang out for another year, but start separating our stuff and after I get my citinzeship both of us just go on our marry way without being married still". Again, I'm just trying to think what could be the reason for this unusual thing...not too common for people to get RFE after their naturalization interview. I believe your marriage, I'm just speculating here what could be behind your bad case...:/

Edited September 13, 2014 by AnotherLostSoul

[msbau764 245]

You best believe my wife and I are having separate bank accounts.

[beaver48612 3]

Our bank accounts have always been separate, since the AOS and ROC. Didn't seem to be a problem with the first guy who interviewed us then. We actually have way less evidence that we lived together back during AOS. Back then, the lease was in my name, all bills were in my name, my husband had to hard press to find a piece of mail that had his name on it. But the guy passed us through without much problem. I guess it's just karma getting us back now. :-(

[beaver48612 3]

Yeah I know I can reapply, but that's $680 down the drain. And then I have to come up with another $680 :'(

[AnotherLostSoul 167]

It is kind of weird that if you guys had separate accounts even during AOS/ROC and it was fine then, why would that be a problem now? I guess IOs vary like the weather. And yes, reapplying later is another $680, but at least by that time it is guaranteed and no one wil care if you have joint account, separate, or if you divorced, or you did not, or if you have a good job, or if you don't. Something to think about it. All the best though, maybe you'll get it this time....

Yeah I know I can reapply, but that's $680 down the drain. And then I have to come up with another $680 :'(

[Worried_joel 6]

Hi there,

I can totally feel your worries there. Right here, I had gone for my 2nd interviews and I/O still cannot decide to approve my N400. Mine is similar to your case. I am kinda sick of my N400. Now I am just going to wait for their response.

[Merrytooth 5,748]

Hi there,

I can totally feel your worries there. Right here, I had gone for my 2nd interviews and I/O still cannot decide to approve my N400. Mine is similar to your case. I am kinda sick of my N400. Now I am just going to wait for their response.

are you a Singapore Citizen?

If yes, do you renounce the Singapore Citizenship?

Edited September 16, 2014 by Merrytooth

[Worried_joel 6]

Singapore cannot have dual citizenship tho. So I will have to give up my Singapore citizenship if I have to. sigh....

[NancyNguyen 1,657]

Why did you send leases, bills and photos at first? I don't think N400 instruction requires those. Look like you've overdone it. And in IOs' perspective, he/she must have something going on.

[beaver48612 3]

If you look ar the USCIS instructions for N400 when file under the 3 year rule, they actually asked for those items that prove that you are a couple. So I was just following their instructions.