a decision has not been made on your application (after N400 interview)

[Murican 1]

Ok, let make this short, but i'll start from the beginning.

I got married in Reno, NV July 2009

by Oct. I had my interview for my 2 yr temp green card. I got it.

My wife (well x-wife now) worked as a teacher and we both lived with her parents while I searched for a job.

I am into IT, and I couldnt get a job in reno, I started looking in silicon Valley, CA where I eventuall got one and we were supposed to move but I wasn't earning enough money for both of us. on that grounds she said she didnt want to move to CA with me and loved her job, I personally wanted us to move out cos her parents were too intrusive.

I ended up moving to CA on my own, but I drove to NV at least once a month.

we finally got our interview for my permanent green card (for 10yrs, 2012), we told the interviewer everything about how we havent been living together but I visit every month and spend a week there and we had plans to move in together in CA. gave all the evidence plant tickets, the interviewer even asked me to describe the route driving to reno from CA, which I did like the back of my hand.

we gave all the docs, taxes, joint bank accounts, phone bills and everything.

after I got my 10yr green card, I got an even better job and told my wife that she should quit her job and move with me but she still didn't want to.

along the line, I found out she takes oxycotin and other illegal drugs, she eventually lost her job too. I was devastated. she was hanging with the wrong crowd.

Eventually she said she wanted a divorce and I found out she was going out/sleeping with her dealer and she wanted to marry him.

so we got a divorce. we are still friends, she ended up not marrying her dealer and says she is clean now, even her mum vouches for her now

but we already divorced (filed in nov, and finalized in february)

i got eligible for my citizenship and applied for it 2 moths ago (within the 90days prior to the 5yrs u r eligible.)

I had my interview and the IO asked me about my marriage and why we had a divorce, i simply told him she didnt want to move.

he made me write on a blank paper when we were married, how long we lived together and why we divorced and he also made me sign it.

I asked why, he said it had to be factual (i don't even know what that means)

after all that, i did the civics test and passed and he told me congratulations

only for me to get to my car and see that he had ticked the:

a decision has not been made on your application.

I felt I had to go back in there and ask why he came to that conclusion

I had all necessary documents, I applied when I was eligible, the interview came after I reached my full 5yrs

I have no criminal record, I have only had a texting while driving ticket back in '12.

I have paid all my taxes.

It has been 1 week now since my interview,

I am just curious as to why he said a decision cannot be made

Am I missing something?

Thanks

[Ian H. 207]

Did they give you a letter confirming this? Is a decision still pending? Will they transfer your case to another IO? It sounds odd to me, I though they either deny or approve, not stay in between.

[PerditaD 35]

Do you meet all of these requirements? Hopefully someone who knows more about this will share their knowledge/experience soon.

Eligibility Requirements

If you are a green card holder of at least 5 years, you must meet the following requirements in order to apply for naturalization:

• Be 18 or older at the time of filing
• Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application
• Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

[Ian H. 207]

I don't think this was due to any of the reasons above, otherwise his application would have been rejected, or the IO would have let him known. It sounds to me like they are digging in to his marriage given the situation.

[Murican 1]

I meet all the requirements.

Isn't it too late to dig into a marriage? I mean isn't that what the first 2 interviews I had were about?

Id they want to talk to my ex-wife I will gladly give her number to them.

I never knew they still investigated marriages at this stage.

If I knew I would have had her come with me.

[PerditaD 35]

When did you move to Silicon Valley? How long after getting the conditional GC?

[Murican 1]

I got it in Oct 2009, moved in May 2010

[Ian H. 207]

Even though you are applying based on the 5 year rule, you became an LPR through marriage and they still tend to look at your marriage when you are applying for naturalization. It's been happening to quite a few people lately from what I can tell. I know it's frustrating, and you're right that's what the ROC and such process was for, but they apparently enjoy being a bureaucratic burden on people.

[DC85 113]

they can question your GC at any stage. Event if you apply through 5 years rule and you still married and live with your usc wife, they may still question that. Once you get your USC it's out of their hand to revoke your citizenship except if they have a strong evidence of fraud which they can represent it to the federal court. So, that's why you see they question your marriage at almost all stages.

I think you will be good just a matter of time before you get your approval. Do you think your ex might talked to the immigration and she claimed fraud ?

[Murican 1]

they can question your GC at any stage. Event if you apply through 5 years rule and you still married and live with your usc wife, they may still question that. Once you get your USC it's out of their hand to revoke your citizenship except if they have a strong evidence of fraud which they can represent it to the federal court. So, that's why you see they question your marriage at almost all stages.

I think you will be good just a matter of time before you get your approval. Do you think your ex might talked to the immigration and she claimed fraud ?

No she didn't.

I was wondering if anyone had similar experience or if this is the normal process

[Ian H. 207]

I don't think it happens to everyone, but like I said in cases where you obtained LPR status through marriage, they do tend to look at the circumstances surrounding the marriage and the divorce (if applicable). This may even be so if you are applying more than 5 years of being an LPR.

[Murican 1]

I guess I will wait for a decision then.

My online status still says interview, so that's not reliable.

I will wait btw a month & 5wks for a mail I guess.

[canadian_wife 1,791]

Sometimes it happens. Nimman and myself applied for citizenship in April 2013, we were both interviewed in September 2013 and both got the 'we cannot make a decision at this time". we are both still waiting.

good luck

[Ian H. 207]

You have been waiting for more than a year? Is your application just sitting there? Have you appealed? Are you allowed to reapply? It is very unfair that they tell you they can't make a decision and not give you a valid reason. I hope you don't mind my asking, but seeing posts like these make me worry because my spouse and I haven't even done ROC yet. My spouse handles situations like these much better than I do, I get anxiety attacks at the tiniest things, then once that's over I get angry.

Sometimes it happens. Nimman and myself applied for citizenship in April 2013, we were both interviewed in September 2013 and both got the 'we cannot make a decision at this time". we are both still waiting.

good luck

Edited November 2, 2014 by Ian H.

[canadian_wife 1,791]

You can't appeal a decision that has not been made. So there is no appeal avenue for us.

You can't reapply until a decision has been made, the path of the original petition must reach its end.

Yes, we have both been waiting more than a year. We both went through the Atlanta office.

Good luck