Cannot make a decision right now

[Heidy1980 4]

Had my Citizenship interview yesterday (5-2-17) in Chicago IL. i Pass the Civic test, Reading and writing and government test. By the way here is my story first.

 

Came her in the US as a K1 visa (fiancee Visa) in 3-5-2007, got my conditional Card on 8-27-2007, the relationship is very smooth till relationship is getting bad to make the story short i met a guy on November 2008, i got pregnant by new guy ( please dont judge me there is a lot in this story why) i told him my (husband) situation and he said he will accept what happened to me and we did get back in each other again, then relationship is getting bad again so i decided to leave again and go back to the father of my child  (02-25-2009) and he (husband talk to me again and said we are going to fix our relationship, we try and try and try to fix our relationship getting back and forth till i finally got birth (5-17-09) i am not with him (husband) anymore i am with the father. then i decided to file for removal of my condition (8-21-09) he (husband still help me to remove the condition in my status (we are in good terms we just dont get along with most of everything) we are just like friend. fast forward i got the removal of the condition now i have a 10 year green card (2-2010). Now i applied my Citizenship (8-3-2016) got my interview yesterday (5-2-17). i Passed the Civic Test, reading and writing test and Government test. Now here is the problem...

 

1. IO ask me if we live together (i said NO)

2. IO ask since when we are separated (i said 10-2009)

3. IO ask me if i have a Child ( i said Yes)

4. IO ask why i did not put her in the application when we filed the removal of Condition ( i said i dont know that time) then i realized on the Part 5 of the I-751 application they only ask to put the name of the child who is going to remove their condition too, in my situation i did not put the name of my child because my child dont need to remove condition in her immigration status because she is a USC.

 

5. IO ask me if i have a document that we both have our name (me and husband) and i gave him a bank statement that i have his name and my name, i also give him a life insurance policy that has my name and him as a petitioner. and he ask me if thats all i have and i said Yes.

 

6. IO ask me if we have a Health insurance together. ( i said we dont have because my husband is under medicare and dont have a traditional insurance)

IO ask me if we file taxes together ( didnt have a chance to answer this question, he gave me the letter N-625 and it said Pass the civic test, reading and writing test and government test and checl box B said They cannot make any decision right now) i have an explanation why we dont file taxes because we are separated since 2009 and he dont file taxes since i know him. and also i feel something wrong when they ask my husband's age and my age.

 

what is going to happen with my application right now. i am still married with my husband and he said that he is willing to go with me and help me with my situation.

[Roel 7,192]

I'm not really sure but they might even question your ROC at this point. You might get yourself some professional help. 

[yatsek 32]

3 hours ago, Roel said:

I'm not really sure but they might even question your ROC at this point. You might get yourself some professional help. 

Yup.  Since you are not applying under the 3 year rule, their interest in your marriage may suggest that they are now questioning the veracity of your I-751.

[Heidy1980 4]

 

Yup.  Since you are not applying under the 3 year rule, their interest in your marriage may suggest that they are now questioning the veracity of your I-751.

i am not applying in under 3 years rule because i am here in the US for 10 years already. my husband and i are still married and not officially divorce. before i apply i inquire some help which am i going to choose. A. applying  under 5 years rule or B. applying under 3 year rule (but need to be living with the USC husband). and most of the people here told me that applying under 3 years rule will not applicable to me because I've been here in the US for 10 years already. now i am confused... and a little bit worried. when the IO handed me the N652 he did not check the box if they need that i need an additional information, documents, or form which they called N-14. he only check the box stating that i passed the English test and the U.S history and Government. and he check the box said A decision cannot be made yet about your application. does anybody here had the same outcome about the interview? where they passed the civic test but IO cannot make a decision about the application. i am not in hurry since i just have my interview last Tuesday (5-2-17) IO told me that they have 90 days to make a decision regarding my application.

[yatsek 32]

 

i am not applying in under 3 years rule because i am here in the US for 10 years already. my husband and i are still married and not officially divorce. before i apply i inquire some help which am i going to choose. A. applying  under 5 years rule or B. applying under 3 year rule (but need to be living with the USC husband). and most of the people here told me that applying under 3 years rule will not applicable to me because I've been here in the US for 10 years already.

Precisely. Under the 5 year rule you don't need to be married  to the person who sponsored you for the green card anymore and yet IO grilled you about your marriage. I find it worrisome. 

[Ontarkie 14,280]

 

Precisely. Under the 5 year rule you don't need to be married  to the person who sponsored you for the green card anymore and yet IO grilled you about your marriage. I find it worrisome. 

They can and do ask about spouses and soon to be ex's when timing of the conditional card and their split are questionable. 

[yatsek 32]

 

They can and do ask about spouses and soon to be ex's when timing of the conditional card and their split are questionable. 

That's the point I'm making, Ontarkie.

[sd2017 18]

It does sound like they're questioning the validity of the marriage which allowed you to receive your green card initially. The fact that you're still married (to this day), but were separated from your husband twice, and had a child with another man, within the 3 years of your conditional green card does imply that the original removal of conditions was based on fraudulent information, as you did not have a bona fide marriage at the time the petition was filed. They could even revoke your green card, much less deny your naturalization. I would definitely suggest professional help from an immigration lawyer.

[Heidy1980 4]

 

Precisely. Under the 5 year rule you don't need to be married  to the person who sponsored you for the green card anymore and yet IO grilled you about your marriage. I find it worrisome. 

yeah that's what i thought too... but oh well just got to wait what will be the outcome. just crossing my finger now to have a positive outcome this coming week. i give him everything he ask, i answer all his question what else he need. i will going to update my profile when i heard something from them. 

[Heidy1980 4]

 

They can and do ask about spouses and soon to be ex's when timing of the conditional card and their split are questionable. 

well that is what probably happen to me. he ask me a lot of question and i did answer it to the best of my knowledge, he ask me some document that we have our name together and i give him our bank account and a life insurance that he is the beneficiary, ask me if we have a insurance together and i told him that we do not have because he is in medicare and we dont have a traditional health insurance, ask me why we dont file tax together i told him that he dont paid taxes ever since i know him i dont know why, and by the way  i am still married to the USC who petition me and he is willing to cooperate and help me. talk to him after the interview and he wanted to talk to the IO who interviewed me and explain everything. is there any way where my husband can get a hold on to the IO who interviewed me. i am still hoping for the positive outcome

[Heidy1980 4]

 

It does sound like they're questioning the validity of the marriage which allowed you to receive your green card initially. The fact that you're still married (to this day), but were separated from your husband twice, and had a child with another man, within the 3 years of your conditional green card does imply that the original removal of conditions was based on fraudulent information, as you did not have a bona fide marriage at the time the petition was filed. They could even revoke your green card, much less deny your naturalization. I would definitely suggest professional help from an immigration lawyer.

oh well i cannot do anything about it now. its already happen i cannot change it is what it is... i am loosing hope now

[Ontarkie 14,280]

No there is no way for your husband to talk to the IO. Nothing to do but wait at this point. Hopefully everything works out. 

[vegasbound 83]

On I-751 Part 5, it specifically states to list information on all your children, not just the ones who are applying with you to remove condition. If you look at the form, on the bottom of each 'Child' section, it asks whether this child is applying with you. I think this will be the deciding factor in your case. The IO now has a reason to determine that you lie on the I-751 in order to obtain your GC, especially since you had the child with someone other than your spouse. I honestly wish that this is not the case and I hope that things will work out for you. Like @yatsek and others have pointed out, this is really worrisome and could very possibly be ground for revoking your GC. 

 

If possible, it would not be a bad idea to consider consulting with an immigration lawyer. 

 

 

[sd2017 18]

 

i feel something wrong when they ask my husband's age and my age.

I assume there is a substantial age difference given that you were still able to have a child 8 years ago and your husband is on Medicare. It sounds like they're suspicious about whether the marriage has always been a scam. It almost feels like the application would have been cleaner if you had gotten a divorce as opposed to being separated for almost 8 years.

[Heidy1980 4]

 

I assume there is a substantial age difference given that you were still able to have a child 8 years ago and your husband is on Medicare. It sounds like they're suspicious about whether the marriage has always been a scam. It almost feels like the application would have been cleaner if you had gotten a divorce as opposed to being separated for almost 8 years.

then why they didnt do that when we are applying to remove the condition. we try to have babies while we are together, we even seek a doctor but there is no luck. we tried to do it before but he dont like and i didnt pursue it i dont have a plan to get re martied again anyways..