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Zonux

Application denied after passing the test. Very mysterious case ?

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Hi, Everyone and this is my story :

 

I applied for citizenship through marriage, me and my wife had an argument after 6 years of marriage and we split for couple months until we collect out thoughts and also have free time from each other.

I applied for citizenship and the interviewer asked me multiple questions and I answered all of them wit confident and passed all history test. At the end before closing she asked if I left my wife home when I came here this morning (This was 7 months ago) and I said no she is at her parents house due to small arguments we had.

 

She started asking more questions and than she told me ok, here is the paper and u passed but you will receive the final decision in the mail. 

 

I waited for almost 7 months and I check the status of my case and no updates on the website. last month I called USCIS international number and she said she is going to reach out to them and see what is the status of my case.  After couple days I received an email and it stated that my case is still under review and they will update me if anything changes. 

 

HERE IS THE MYSTERIOUS PART. 

I called yesterday and the lady told me that my case was denied and they already sent me an EMAIL stating that 4 months ago. (Which I never received ?).  I asked did they send me a paper stating that to my home address ??? She got confused and recommended for me to speak to the next person she is going to transfer me too. 

 

I spoke to another person and he said my case was denied due to living separated and I said but no one informed me about this and why my case it's showing under review after they already made a decision? and why I just recieved an email yesterday stating that my case it's under review if it was denied 4 months ago ?  He said Ah actually it seems that they wrote the email but did not send it to you yet ?????.. I said I don't understand what's going on, did they made a decision or not, did they send me the letter or not ??. He goes to be honest, it seems that they did not make a decision but the denial letter is here on the system and he ended the conversation by recommending for me to go to the local place where I had my interview and speak to someone there because it's not clear what's going on ???

 

TO MAKE THE LONG STORY SHORT,, here is my questions please :

 

1- Advise me what to do in this case ?

2- in case they denied my visa, can I apply again but as a single living in the united states for 5 years ? 

3- any extra tips will be appreciated 

 

 

Edited by Zonux
wrong typing
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Filed: Citizen (apr) Country: Canada
Timeline

I would suggest making an Infopass appointment asap to get this cleared up.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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5 hours ago, Zonux said:

 

1- Advise me what to do in this case ?

2- in case they denied my visa, can I apply again but as a single living in the united states for 5 years ? 

3- any extra tips will be appreciated 

 

 

Make an Infopass appointment and if you have resolved your differences with your wife, take her along to the appointment so she can answer any questions they have and confirm that you're both still together.

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If you have been living in the US for at least 5 consecutive years, you can apply regardless of whether or not you two have remained married and do not need to file as married to a US citizen for 3 years.

 

You say you have been married for 6 years.  Why did you apply as the latter?

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Bugs, WHAT A GREAT QUESTION :

 

It was my mistake and to avoid counting the days and stuff like that i said maybe as married will be more guaranteed to get it. 

 

But I will set up appointment and if they resist then I'm going to apply as 5 years resident this time and see what will be their excuse this time. 

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Filed: Citizen (apr) Country: Canada
Timeline

Keep in mind that even if you apply under the 5-year rule, legally the interviewer can still question you on the validity of your marriage and how you originally got your greencard, if they wish to.   

 

 

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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2 hours ago, Going through said:

Keep in mind that even if you apply under the 5-year rule, legally the interviewer can still question you on the validity of your marriage and how you originally got your greencard, if they wish to.   

 

 

Yes, which I don't see as an issue in this case, as long as she has the documents if requested.  Separation after 6 years does not spell fraud.  Either way, living together or even remaining married is not a requirement in the 5 year application.

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3 hours ago, Zonux said:

Bugs, WHAT A GREAT QUESTION :

 

It was my mistake and to avoid counting the days and stuff like that i said maybe as married will be more guaranteed to get it. 

 

But I will set up appointment and if they resist then I'm going to apply as 5 years resident this time and see what will be their excuse this time. 

Something tells me then that the denial was due to something else unrelated to your marriage.  But either way, like the others said, get an info pass meeting to get to the bottom of it.  Let us know how it goes.

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Omg such a mess. Reminds me of my case when they forgot to 1) send rfe, 2) messed up my a-number 3) forgot to mail the noid 4) Made bunch of mistakes in the noid.
Since you are going to the local office (yes - where? may be it's same as mine haha) i suggest you asking for the name of the officer who is working on your case. And then ask for his/her supervisor. It's not easy : ) They will do whatever they can to prevent you from talking to them. We went a long way thru many infopass appointments and everyone promised stuff every time, but all that was useless. We still haven't resolved all this mess, but talking to the officer and the supervisor (not the supervisor from infopass) is the only thing that gets it moving. Best of luck! 
Ps - thats crazy that they could deny you because you and your wife had an argument and she slept at another place for a day or two. It doesn't mean you don't live together. What if i go on a trip for a few days without my husband - will in uscis eyes it look like we don't live together? Completely crazy! 

Citizenship:

09/15/2020 - Filed online. Estimated completion given - July 2021 (10 months).

January 2021 - biometric reuse letter

April 2021 - interview scheduled

24/05/2021 - Interview (approved)

 

Passport:

July 23 - applied, expedited service

August 11 - received the passport

Aug. 16 (approximately) - received passport card

August 20 - received citizenship certificate back

 

Story of my almost 3 years long pending AOS - click below for details

Spoiler

2015

  • March 10 2015 - USCIS received i-130/i-485
  • March 30 2015 - got a RFE saying that my husband cannot be my sponsor because of his income, which is not true, but we didn't know what to do so we hired a lawyer.
  • August 10 2015 - interview (went great, by the way). Were told to wait 120 days.
  • December 10 2015, April 10 2016, May 10 2016 - sent SR, responses: "your case is pending"

2016

  • May 25 2016 - Went to Info Pass, the case is taken to the supervisor, were told we will get something in 30 days (of course, after 30 days we got nothing....).
  • June 27 2016 - Went to Info Pass again, they told us to wait for 2 more weeks and if we still get nothing send a service request letter by mail. Did it on the same day.
  • June 27 2016 - After Infopass, went to senator Durbin office in Chicago.
  • July 8 2016 - Went to Mike Quigley office.
  • July 8 2016 - Received useless response from Durbin. All they know is that the case is pending and it's in Chicago, can't do anything else.
  • July 12 2016: Infopass, spoke to the supervisor, promises promises.... more wait.
  • July 17 2016: Filed Ombudsman.
  • July 26 2016: Another info pass, same story. We talked to 3 supervisors already! I don't get it!
  • July 29 2016: Sent another useless SR just because.
  • Aug 9 2016: Talked to the officer we had interview with! She was supposed to mail us RFE a year ago but she forgot (!!!) ! They admitted it. Gave us RFE.
  • October 11 2016: Response to RFE is received by uscis (the RFE was ridiculous. Basically all same papers we ALREADY GAVE HER at the interview: bank statements, lease, etc).
  • October 20 2016: Infopass, useless, did not have time to wait for the supervisor.
  • November 9 2016: Infopass, talked to the supervisor, he said there are no problems with our case and he will make sure the officer will make a decision within a few days. Gave us his email and phone number, told us to contact him directly instead of going to info pass.
  • November 15 2016: emailed the supervisor, since a few days have passed and still no decision. No response.
  • November 17 2016: called the supervisor, no answer.
  • November 17 2016: sent Service Request about i-130 (Lol, like that will help..)
  • November 19 2016: sent a letter to the director of Chicago Field Office.
  • November 22 2016: sent Service Request about i-485 (Lol[2])
  • November 23 2016: talked to the supervisor again to learn that..........my medical and fingerprints have expired and i need to wait for a notice to do it all again.
  • November 25 2016: The response from the Field Office Director Martha Medina-Maltes: your case is pending and every effort is being made blah blah blah
  • December 5 2016: Received a response to i-485 SR that my case is "pending supervisor review"... absolutely random since the supervisor said i'll need redo my medical and fingerprints again.
  • December 19 2016: Went to USCIS, the officer came out and told me we need to come back for a 2nd interview!!! I'm shocked because our marriage is 100% real and i can't believe they have doubts about it! But i'm glad that it's at least something.
  • December 27: 2nd interview (Strokes). Reason: i-130 petition. We did fine but the officer said we will receive a NOID! Our lawyer said it must be something else, not our answers... but what?!

2017

  • Jan 23 - infopass, asked if anything was mailed regarding i-130. Were told that nothing was.
  • Jan 27 - sent a service request regarding I-130.
  • March 1 2017 - went to uscis (no info pass), our officer's supervisor finally gave us the noid full of nitpicking and lies, that shows that they do not pay attention to anything. 
  • March 10 2017 - 2 years AOS anniversary...wow. 
  • March 31 - The response to the noid is received by uscis!
  • June 1st - went to the office, the supervisor promised we will get the decision in 4-6 weeks.
  • July 19 - 7 weeks passed, went back to uscis. The supervisor said he will give the case to the officer tomorrow, we asked when we will get the decision, he said he doesn't know. 
  • September 6: My husband talked to the supervisor again, he said he gave the case to the other officer, and the case is huge so the officer has a lot to do, and we will get a decision in 2 weeks. 
  • September 25: Went back since no decision was received (as expected). The supervisor said the same thing: we will get a decision in 2 weeks
  • September 29: USCIS asked for medical! Eureka! First time in 2 and a half years they sent something by themselves! :wacko: i-130 still not approved.
  • October 2: Notice that i-130 is approved (notice date September 26, still no online update). Also went to get medical done (should be ready by the end of the week)
  • October 3:  biometrics
  • October 10: medical delivered to uscis! The waiting games begins again :wacko:
  • December 11: 2 months after medical was delivered talked to the supervisor again, he said the decision will be made BY tomorrow and we will find out from the website on Wednesday. 
  • December 14: Called uscis, tier 2 officer told me that the case is approved.
  • December 18: Received Approval notice (Dated December 12)

 

Long story short:
After the initial interview we received:

1) a RFE asking for the same papers again,

2) then were asked to come to the 2nd interview that went fine of course, 

3) then a NOID that was full of mistakes.

All that was given to us in person, only when we made our way straight to our officer. And still waiting. Lots of fun (not).

4) 6 months after receiving our response to the noid i-130 is approved. 2 years 6 months and 16 days of waiting for i-130. Supposed to take 5 months. No words.

5) After 2 years 9 months and 2 days (or 1008 days) of waiting i-485 is approved.

 

 

 

 

 

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To be honest, it was my mistake of being honest with them. I was trying to obey the law and just say it as it's and those the officer is smart enough to know the difference, But trust me. they are not as the media describe them and now they are just hiring anyone that know how to write english and it does not matter if they understand cultural differences or anything. waiting for any appointment time to open and I will ask for a supervisor to talk too.  I will take my wife with me.

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