N400 decision cannot be made after 2nd interview

[Worried_joel 6]

Hello Worried_Joel,

I am concerned about your case. You mentioned that you married a US Citizen and applied for I 485 adjustment of status. Now I have the following questions for you:

1. Did you apply for I 751 removal of conditions jointly with your first US Citizen spouse and than got divorced OR did you get divorced before 2 years and applied for I 751 WAIVER yourself to remove conditions?

2. Did you meet your new wife right after divorcing or during the previous marriage?

3. Did you have any kids from the previous marriage that got you I 485?

4. What kind of evidence did you present at your I 485 and I 751.

I will wait for you to answer these questions before responding further. This way I can better understand your case.

Thanks.

Thank you for responsing and here is my answer to your questions

1) I applied my I-751 waiver to remove condition.

2) I met my wife as a friend before we started dating after my divorce.

3) No I did not have any. She cheated and had a daughter in which is not mine.

4) Lease on house, bank account, car insurance, life insurance, water electric bills and what else, photos for my marriage.

[simanonymous 0]

Since you got your I 751 waiver approved the previous marriage should be a non issue unless something changed after I 751 waiver and now. If it didn't this is very unusual. Did the same officer interview you twice? Is there any chance your previous spouse might have written a letter to the USCIS saying you married her for GC with some sort of proof? In my opinion you should do the following:

1. Get second opinion from another lawyer. Find a lawyer through AILA that has a LOT of experience. I understand this is cumbersome and expensive but that is probably what it will take. The lawyer should either do an infopass and/or discuss with you regarding contacting senator in your area to enquire with the USCIS.

2. Last resort would be to take the matter into the court if it is getting too delayed. But that is something for you to decide because you do not want to take the matter into the court and have USCIS deny it and put you in removal proceedings.

3. Do not worry. You have a green card so they cannot just take away your green card because they feel like it. They will have to PROVE marriage fraud in court in order to take away your green card. Since you are a permanent resident you have no issue staying in the country and living here.

But please be advised that you need a thorough review of your case with a VERY competent lawyer for red flags.

[Darnell 8,478]

Hi there,

I am posting this topic to seek help and advice on what to do next.

Here some background on myself.

Marriage through a citizen and got my GC through my wife.

Married on 2008 feb and divorce on 2010 OCT finalize.

Got my GC on 2009 March

Reason for divorce: Wife cheated on me. =(

First interview July 1st.2014

Decision cannot be made

Second interview Sept 11 2014

Decision cannot be made

Has been waiting for 44days now. It is hella painful to wait. Everyday is a disappointment when I open that mailbox!

Lawyer said nothing I can do now. Wait and see.....

What should I do now?

Anyone has better ideas?

It seems you were relying on a 3 year rule, for USCitizen status, which (I believe) requires you to remain married to the USCitizen for those 3 years prior to the interview.

Now, since you divorced prior to the 3 year span (from green card issuance date to divorce date) I don't see how you would qualify under the 3 year rule.

Hey folks - did something change about the 3 year rule? Yes? No ?

--------

Nevermind - I see you were using the 5 year rule. Which should be OK.

As to why a lag, lull from the Immigration Office? Hard to say - suggest you engage the Immigration Liason Staffer at one of the 3 congressmen's offices (2 senators, 1 representative) and have them make an inquiry.

Edited October 29, 2014 by Darnell

[Worried_joel 6]

How long do I have to wait to do all those steps? My lawyer seem to be like avoiding me now. I email her about getting her to follow up on my case. She just didn't want to response. I asked her assistant, she pretend she is very busy and frustrated about her work. I really need a push to the right direction now. I am feeling so sad now. I am actually doing applying this citizenship to have my wife eligible for I-485 application. I think I have made a mistake of not having to apply under my LPR status. I really blame myself for not doing it. Thinking of getting citizenship is an easy process. Oh well.... what is done cannot be undone.

[JimmyHou 610]

How long do I have to wait to do all those steps? My lawyer seem to be like avoiding me now. I email her about getting her to follow up on my case. She just didn't want to response. I asked her assistant, she pretend she is very busy and frustrated about her work. I really need a push to the right direction now. I am feeling so sad now. I am actually doing applying this citizenship to have my wife eligible for I-485 application. I think I have made a mistake of not having to apply under my LPR status. I really blame myself for not doing it. Thinking of getting citizenship is an easy process. Oh well.... what is done cannot be undone.

1- If you got into a taxi and the driver refused to drive, you'd get out and find a new taxi. So find a new lawyer.

2- What does " I think I have made a mistake of not having to apply under my LPR status" mean? I may have missed something.

[Darnell 8,478]

How long do I have to wait to do all those steps? My lawyer seem to be like avoiding me now. I email her about getting her to follow up on my case. She just didn't want to response. I asked her assistant, she pretend she is very busy and frustrated about her work. I really need a push to the right direction now. I am feeling so sad now. I am actually doing applying this citizenship to have my wife eligible for I-485 application. I think I have made a mistake of not having to apply under my LPR status. I really blame myself for not doing it. Thinking of getting citizenship is an easy process. Oh well.... what is done cannot be undone.

huh? YOU contact the human I mentioned, not the lawyer.

as to not applying under LPR status for an I-485 - relax - she would probably have fallen out of priority date and had to go home.

Since you've remarried, it's quite possible you are getting extra scrutiny ...

[Worried_joel 6]

huh? YOU contact the human I mentioned, not the lawyer.

as to not applying under LPR status for an I-485 - relax - she would probably have fallen out of priority date and had to go home.

Since you've remarried, it's quite possible you are getting extra scrutiny ...

Hmm.... we got married as in 2012 July and I did not apply her greencard at that time. Meaning that I have regretted not applying it at that point of time. She is still in status with a student VISA. But anyway no point crying over a split milk. So my question is if she discontinue her studies and she got out of status now. Will anything happens to her. Will it be hard for her to apply for Green Card if I am still a LPR VS a Citizen?

[Asia 2,491]

She has to maintain being in status if she wants to get a green card via you still being LPR.

[mrgoodguy 5]

Unfortunatelly, red flags will catch USCIS attentions (thats their job tho).

Married in 2008 and divorce in 2010 does not look good, period regardless on the whole "she cheated on me" story.

[Worried_joel 6]

Hi guys,

I am having been waiting for 61 days now and no letters from them. What should I do? Am I eligible to go for an INFO pass inquiry? Or do I have to make a phone call to USCIS first? What is your thoughts? I really want to know what is going on with my case!!!

[Worried_joel 6]

Since you got your I 751 waiver approved the previous marriage should be a non issue unless something changed after I 751 waiver and now. If it didn't this is very unusual. Did the same officer interview you twice? Is there any chance your previous spouse might have written a letter to the USCIS saying you married her for GC with some sort of proof? In my opinion you should do the following:

1. Get second opinion from another lawyer. Find a lawyer through AILA that has a LOT of experience. I understand this is cumbersome and expensive but that is probably what it will take. The lawyer should either do an infopass and/or discuss with you regarding contacting senator in your area to enquire with the USCIS.

2. Last resort would be to take the matter into the court if it is getting too delayed. But that is something for you to decide because you do not want to take the matter into the court and have USCIS deny it and put you in removal proceedings.

3. Do not worry. You have a green card so they cannot just take away your green card because they feel like it. They will have to PROVE marriage fraud in court in order to take away your green card. Since you are a permanent resident you have no issue staying in the country and living here.

But please be advised that you need a thorough review of your case with a VERY competent lawyer for red flags.

Do you think I should make an infopass myself? Does it make a different going down by myself or a lawyer going down on behalf of me?

[Merrytooth 5,748]

Do you think I should make an infopass myself? Does it make a different going down by myself or a lawyer going down on behalf of me?

You can make an infopass yourself and go to the local USCIS office to talk to the officer there.

[simanonymous 0]

You can make an infopass appoint yourself and see what they say. But it would be a good idea to talk to a competent lawyer as soon as possible for any issues. There is no reason for 2 interviews and this much delay in this case. Get a very experienced aila lawyer.

[Darnell 8,478]

Hi guys,

I am having been waiting for 61 days now and no letters from them. What should I do? Am I eligible to go for an INFO pass inquiry? Or do I have to make a phone call to USCIS first? What is your thoughts? I really want to know what is going on with my case!!!

maybe resolution is in later post, but

did you contact an ILS human in one the 3 Congressman's offices? If no, why no?