N-400 denied.

[BigDaddy28 228]

I need help or advice regarding my extraordinary Immigration case. I Got married in 2007 to my U.S. Citizen wife in Morocco. Almost two years later I received my visa then my 10 years green card. After entering the U.S. soil, I remained married ,in good faith, up to date. 3 years and 6 months later I applied for N-400 based on marriage. later I was scheduled for an interview. However, the officer (on the date of interview 04/09/2013) refused to interview me because( according to her) I wasn't given the right green card and visa. she stated that because I was married to my wife for less then two years before the entry to the U.S. I should have received a conditional green card rather then an unconditional one. the officer added that I need to apply for removal of conditions and she will put my N-400 application on hold until I provide her with a receipt number for the I-751 so she could proceed with the interview on both I-751 and N-400 simultaneously. just as I was told, I Applied for I-751 before the deadline which was the one month after the date when the first interview took place( dead line was May 9th of 2013). One month later I received a mail including my receipt number which I took immediately to the local USCIS office in Portland ,Oregon. Approximately five months later I scheduled an info pass appointment to meet with an officer to find out why am I still waiting for the entire process despite the fact that I was told that I will be interviewed as soon as I provide the USCIS officer with the receipt number showing that my resident status has been extended for the period of one year. I came to find out during the mentioned appointment that my application that I have sent to the California center has been wrongfully sent to Phoenix Immigration officer rather then Portland immigration Office. the officer, then, advised me to go home and she will call me as soon as the application arrives to Portland as she !

is requesting the file to be transferred to portland office. few weeks later I received a phone call with the number(000)-000-0000 and, Indeed, the officer called to let me know that the application is in portland USCIS office now. approximately one month later I payed the USCIS a visit throughout an info pass appointment to check on the status of my application and, again, I was chocked to learn that the application was lost and never made it to Portland Office. and this is how the officer worded it " To be Honest with you, your I-751 application never made it to our Office, so, can you file another one?" unfortunately, I went home and filed another application ,which I have a copy of, and sent it to the portland Office on 10/02/2013. on October 22, 2013 I received another mail stating that my I-751 interview is scheduled November 22, 2013 so the Green Card process, which should have been expedited, took almost a year instead of the normal process time which was less then 6 months at that time. My wife and I attended the interview and were interview together then separated and interviewed separately and successfully passed the interview. the officer told both us both( me and my wife) that we were approved for the unconditional green card and she gave me the option of whether to take the Naturalization test the same day or to come back for it at a later time but I chose to take it at a later time due to the heavy school finals. On december the 06th of 2013 I received another letter saying that My Naturalization interview was scheduled for Monday, January 06, 2014 at 7 AM. I showed up for the naturalization test and I successfully passed the english and the U.S. history test as well as the interview which included questions regarding the relationship between my wife and I and I was recommended for approval by the IO. she states that the I should receive a later for my oath ceremony within the week. However, one month later I received a letter from USCIS stating that I was scheduled for a second interview!

for the !

purpose of re-test, re-examine. on the date I was supposed to retake the test(February 12, 2014) My wife and I woke up at 5:58 A.M to a heavy door knocking. When opened the door two USCIS Officers pulled their badges and states that they are here to check and see if me and my wife do, indeed, live together as a husband and wife and share a bonafied marriage. they checked the bathroom, closet, bedroom in which we both were sleeping before they woke us up and finally they were satisfied with what they saw. two days later I received another letter saying that due to unforeseen circumstances, they had to cancel the previously scheduled interview on Wednesday, february 12, 2014. After a long wait, approximately 5 months after the N-400 interview, which was recommended for approval, I decided to contact the senators office to investigate the reason for the long delay. the Constituent Services Representative working with senator's office stated to me in a formal e-mail that the USCIS promised that my marriage is valid to them and it has nothing to do with the delay and that the marriage was proven real after the immigration officers visited my house and , by the way, that when my green was approved. so the officer lied to me when she said that she approved my green card because she never did until after I took the n-400 test and after I was visited by Officers in my house. Now, 6 months after the n-400 interview I was scheduled for another interview for the same n-400 application. the morning of the interview , which was the same day I had my graduation ceremony for college, I showed up for the interview and I was told that my wife has to be there although the letter never mentioned anything about my wife having to be there. so I went back home and woke her up from her sleep and brought her to the USCIS office. the officer, then, interviewed for over 3 hours separately and asked us embarrassing questions such as when and where did you guys have sex the last time? I let her know that due to my religious believ!

e I find !

it very uncomfortable to answer that specific question but I went head and answered it anyways. 4 months later I received a letter of denial for my N-400 application and the reasons according to the officer are:

although my wife and I answered the majority of the questions we failed to answer three of which were the most important to the officer. when did you have sex the last time? I said couple weeks ago and she said couple days ago. how many and what are the meaning of your wife's tatoots? I told them how many but I didn't know the meaning of each one of them because I don't like tattoos and didn't want to know about them. and the last question is when did you guys decide to get married was it before or after my wife's first visit to morocco? I answered after because i didn't know I was marrying her before she went to Morocco. she answered before the visit and that doesn't mean we planed to get married before her visit.

evidence according to the officer weren't enough. I provided her with photos but because they are undated she gave them mimim consideration. the post card were given minimum consideration because they could have all been written the same day. car title under both our names is not considered valid proof because the car broke down and is parked in from of the house and insurance under both our names isn't considered also because is expired ( expired because the car is not running) however, she accepted two pieces of evidence and they are: 3 years of tax transcript filing jointly married and =five years of housing pepar work stating that we live together as wife and husband. she also disregarded the fact that the officers came to my house and saw that we were sleeping together that day. My confers here is why they approved me for the green card and they decided my marriage is valid and then they turned around and decided again that the marriage seems like a roommates relationship. Also, to me, it seems very odd that they delayed my file and made numerous mistakes, yet, they have a problem with me and my wife not answering three questions in similar way although we told them that my wives has problem sleeping and she takes medicine for many things and she might have a problem remembering things from 7 years ago when we got married.

I filed N-336 , please advice me what step should I take next?

Sincerely,

Hello:

First I want to say Im sorry for what you had to go through. As stated before, congressman or senators are not going to help now because a decision is made on your case.

Second I have issues with what has been done to you, and if I understood right, you applied twice for removal of conditions right?

If yes than you have to get your money back, you apply once, and if they lost your file you give them copies and no check again because you have a receipt number from the first time.

Third if you could remember what is the date you got your visa to come here? if it's 2 years after your marriage you don't have to apply for removal of conditions, if not then you should've got a 2 years green card and than applied for removal of conditions.

Forth, your evidence is good. Who the hell would think to date pictures? I mean pictures are meant for memories not to have a photographic memory. You insurance even if expired should have been accepted.

Fifth, the officer is NOT supposed to ask you about your sex life, and what would tattoos mean. I would have told her my sex life is my F*ing business.

Now you have 2 options:

- file a lawsuit against USCIS, gather all of your evidence for your marriage, all evidence that USCIS agents came there, all of the your receipts of everything you paid ( removal of conditions). I promise you will win the case.

- Hire a lawyer ( will cost you a lot), same as above gather everything and give a DETAILED story to the lawyer. If so have him record your story to make sure you mentioned everything.

Again, I'm sorry for what you had to go through, but that officer shouldn't be working there.

[DC85 113]

Hello:

First I want to say Im sorry for what you had to go through. As stated before, congressman or senators are not going to help now because a decision is made on your case.

Second I have issues with what has been done to you, and if I understood right, you applied twice for removal of conditions right?

If yes than you have to get your money back, you apply once, and if they lost your file you give them copies and no check again because you have a receipt number from the first time.

Third if you could remember what is the date you got your visa to come here? if it's 2 years after your marriage you don't have to apply for removal of conditions, if not then you should've got a 2 years green card and than applied for removal of conditions.

Forth, your evidence is good. Who the hell would think to date pictures? I mean pictures are meant for memories not to have a photographic memory. You insurance even if expired should have been accepted.

Fifth, the officer is NOT supposed to ask you about your sex life, and what would tattoos mean. I would have told her my sex life is my F*ing business.

Now you have 2 options:

- file a lawsuit against USCIS, gather all of your evidence for your marriage, all evidence that USCIS agents came there, all of the your receipts of everything you paid ( removal of conditions). I promise you will win the case.

- Hire a lawyer ( will cost you a lot), same as above gather everything and give a DETAILED story to the lawyer. If so have him record your story to make sure you mentioned everything.

Again, I'm sorry for what you had to go through, but that officer shouldn't be working there.

He can't file a case without doing the appeal first and I totally agree with your about this misconduct . In addition, I would recommend th OP to open a complain with the ombudsman- DHS

[aminorziko 7]

Thank you all for your support. I will do my best and hire a lawyer. I did seek senator's help before I was denied. the senator's office didn't help much. they acted more as messengers rather then a support for my case. I was going to file a law suit so the USCIS would lose jurisdiction over my case but the senator's office advised me not to do so. just to clarify, I did not have to pay for the second I-751 application but the fact that I had to apply again delayed my case. Now, the only useful purpose of the senator in this case is the exchanged emails between me and his office. I have emails dated and sealed from the senator's office stating that USCIS promised that my marriage is valid and therefore they have approved my unconditional green card. but what seems fishy to me is the fact that they didn't approve my green card until after I took the N-400 interview and was recommended for approval(I though green cards has to be approved before they could interview anybody for N-400). they sent me letter stating that I have to return the green card which contained the error. I chose not to return it because I can't trust these guys anymore. they let me keep the first green card I received when I came to the U.S. but they did not send me the new one since the first one wont expire until 2019. on the day of the last interview I was super happy that they were at least working on my case, and also I was happy because I had my graduation ceremony for college ( going to be doctor, wish me luck),However, all that happiness turned into sadness when she came out of her office and called my wife's name. I asked her why do you need my wife? she answered," because we need to interview her too." I asked her again, why do you need to interview her if you didn't mention her name in the letter? she responded," Her name should have been included in the letter, we made a mistake, I'll go ahead and reschedule you for another date." and then she gave me her back and started walking away. Thats when I told her to call her supervisor because 5 years of doing nothing but mistakes its not acceptable. they made me wake up early on my graduation day just so they tell me that they will re-schedule me for another date( probably another 2 months) the supervisor was nice and she apologized. they never sent me anything that says I have to go to court for immigration fraud nor accused of fraud before, However, the officers visited me to my house were Fraud Detection Team and they were satisfied with what they saw which was the reason why they approved my I-751 according to what they told the senator's office.

Again thank you all for reading my posts.

[Dohan 133]

You ABSOLUTELY should file a complaint with the ombudsman.

Office of the Citizenship and Immigration Services Ombudsman

U.S. Department of Homeland Security

Mail Stop 1225

Washington, DC 20528

www.dhs.gov/cisombudsman

If I were you I would also bring this to the attention of the media. This conduct by USCIS is completely unacceptable. You have done everything to comply with their requirements and have been harassed and abused by them. Don't let these incompetent and useless FEDERAL employees go unpunished.

I truly wish you to finally get your citizenship and commend you for your iron patience!

[aminorziko 7]

I will definitly do that as soon as I find out what they have to say during my hearing.

Thank you

[Buckyball 22]

I would file a complain and sue them.

[aminorziko 7]

How do I sue them? and what else can I get from the law sue other then my Citizenship? Can I sue them for pain and suffering since my grades at school went down due to all the stress I am going through?

Thank you.

[Ian H. 207]

You want to ask a lawyer for the merits of your case and standing, however I believe they would have to be sued in federal court.

[AbuFlaan 2]

I'm not sure why you haven't contacted an immigration lawyer yet. If the main concern is financial, you should go speak to a legal clinic for advice on how to proceed. Here are some organizations you can contact for free or sliding scale legal advice:

http://portlandnlg.org/

http://www.catholiccharitiesoregon.org/services_legal_services.asp

http://www.emoregon.org/soar_legal.php

[Tarik 10]

No disrespect intended, but I had a tough time reading your post and making sense of precisely what has happened. For me, this is another reason for you to get a lawyer, because I don't think you can clearly explain your case in English. That doesn't mean you're not smart or a bad person, but you need help articulating this, and hopefully getting it resolved.

I disagree with you... English is my third language and I still completely understood his post. I feel sorry for him for all the bullshit he had to go through.

[BigDaddy28 228]

No disrespect intended, but I had a tough time reading your post and making sense of precisely what has happened. For me, this is another reason for you to get a lawyer, because I don't think you can clearly explain your case in English. That doesn't mean you're not smart or a bad person, but you need help articulating this, and hopefully getting it resolved.

His english is perfectly fine, he expressed his feelings, he delivered his point and clearly asked for help. If you don't understand what he wrote you might need to learn more vocabulary that he used. I think he needs a lawyer to help him on his case rather than helping him deliver a point to immigration.

[aminorziko 7]

I apologize, I think he/she is right. I should have re-read my posts. there are many grammatical mistakes. I was stressed and in hurry. I will make sure I review my writing before posting next time.

Thank you all for your support.

[BigDaddy28 228]

I apologize, I think he/she is right. I should have re-read my posts. there are many grammatical mistakes. I was stressed and in hurry. I will make sure I review my writing before posting next time.

Thank you all for your support.

You don't have to apologize, everybody make mistakes when in such situation. But that does not give any person to act like they are better than anyone here.

[Pianist27 31]

You don't have to apologize, everybody make mistakes when in such situation. But that does not give any person to act like they are better than anyone here.

I wasn't acting like I was better than anyone, I was offering advice. I understood his case. However, I took the time to read it carefully, and re-read it because it seemed interesting in my spare time and because its length required closer inspection.

The OP, however, may very well have to present this case to a disinterested, possibly biased, and most likely overworked USCIS official who is not going to take the time to read carefully and will just skim what they see. In any communication, you have to be cognizant of your audience, especially their willingness and ability to pay close attention. He's definitely got an uphill battle with this case, so he has to work hard to make it very easy for anyone in a position who can help him to understand it, and to understand its gravity immediately.

[BigDaddy28 228]

I wasn't acting like I was better than anyone, I was offering advice. I understood his case. However, I took the time to read it carefully, and re-read it because it seemed interesting in my spare time and because its length required closer inspection.

The OP, however, may very well have to present this case to a disinterested, possibly biased, and most likely overworked USCIS official who is not going to take the time to read carefully and will just skim what they see. In any communication, you have to be cognizant of your audience, especially their willingness and ability to pay close attention. He's definitely got an uphill battle with this case, so he has to work hard to make it very easy for anyone in a position who can help him to understand it, and to understand its gravity immediately.

Offering advice doesn't mean minimizing somebody because of language mistakes. The applicant as he said in his post goes to school and studies to get a degree. Meaning his English should be good enough to receive and deliver information in the English language.

In his case, the officer was not and I repeat was NOT disinterested since the officer took a long time to go through his application and advised him to remove conditions.

In this website we help each other even though if you can't write or speak good English, WE try our best to understand what the applicant is trying to say.