N-400 Denied

[RayRay23 2]

Hello - My application for Naturalization, N-400, was denied because my Marriage Certificate's date was used when filling out I-130.  The date my wife filed I-130 was after the Marriage License was issued but 9 days before Marriage date.  Honestly I had no indications to catch it back then, what will happen now? My options?

[Suss&Camm 2,213]

So you weren't married when you became a GC holder, based on that i130? Huh - How did they not pick up on that b4. I'm sorry I don't have any advice, I'm just wondering if that wouldn't invalidate your LPR status. I have no idea.

[SteveE 25]

1 hour ago, RayRay23 said:

Hello - My application for Naturalization, N-400, was denied because my Marriage Certificate's date was used when filling out I-130.  The date my wife filed I-130 was after the Marriage License was issued but 9 days before Marriage date.  Honestly I had no indications to catch it back then, what will happen now? My options?

How long ago did you receive your green card? Were you applying for Naturalization after three years of marriage to a USC and before five years of becoming a green card holder? 

 

Did they indicate you cannot file prior to the five year mark‚ or you were not able to apply at all?

[Suss&Camm 2,213]

7 minutes ago, SteveE said:

Did they indicate you cannot file prior to the five year mark‚ or you were not able to apply at all?

OP stated the denial was because they weren't married at the time of filing the i130 according to the date on the marriage certificate.

[RayRay23 2]

It passed the 5 years requirement.  USCIS in San Francisco approved changeing my status looking at marriage certificate date, Texas field looks at actual marriage date and denied N 400.

[SteveE 25]

1 minute ago, Suss&Camm said:

OP stated the denial was because they weren't married at the time of filing the i130 according to the date on the marriage certificate.

I understand that...

 

But you can file for Naturalization 3 years after you get your green card if you are married to a USC‚ it is five years otherwise.

[Suss&Camm 2,213]

1 minute ago, RayRay23 said:

It passed the 5 years requirement.  USCIS in San Francisco approved changeing my status looking at marriage certificate date, Texas field looks at actual marriage date and denied N 400.

The marriage certificate date is always after the marriage date... in your first post you said marriage license.

marriage certificates are always issued after marriage.

[NigeriaorBust 4,087]

 But the finding appears to be that they weren't eligible to file for the green card on the day the petition was submitted and he should have not gotten a green card.   They denied it because the clock should never have started in their mind.

[Suss&Camm 2,213]

1 minute ago, SteveE said:

I understand that...

 

But you can file for Naturalization 3 years after you get your green card if you are married to a USC‚ it is five years otherwise.

Yes but that wasn't the question. It doesn't matter if it was 3 or 5 if they weren't married when the i130 was filed. 

[RayRay23 2]

Here is the sequence of events which led the USCIS to deny my N 400:

 

On form I-130, date of marriage was written as 1/4/2008 - which was the date that our license and certificate was issued (Expires after 4/4/2008)

 

We filed I-130 on 3/19/2008

 

3/28/2008 was the actual date of Marriage on our certificate - still within the timeline of 1/4/2008 and 4/4/2008 but 9 days after we filed.

 

My question to USCIS is, why USCIS approved my GC application back then if the date on my Certificate was not sufficient, why didn't they asked us to wait until after the marriage? If they did, we would've waited for a month and started the process after that date.  USCIC asks for a copy of Marriage Certificate on their website (see below) and thats what we showed them, it was sufficient enough then but it is not now? 

 

https://my.uscis.gov/exploremyoptions/petition_for_spouse

 

What are my chances in getting them to understand that it was their own broken system that led me to this situation?

 

Thank you all.

Ray

Edited October 11, 2017 by RayRay23

[Suss&Camm 2,213]

26 minutes ago, RayRay23 said:

Here is the sequence of events which led the USCIS to deny my N 400:

 

On form I-130, date of marriage was written as 1/4/2008 - which was the date that our license and certificate was issued (Expires after 4/4/2008)

No your license was issued, not your certificate. Even if they are the same document the marriage isn't registered until after the marriage and when it's registered at the county clerk's office. You are not eligible for the i130 if you file before you are married.

Quote

We filed I-130 on 3/19/2008

Before you were married.

Quote

3/28/2008 was the actual date of Marriage on our certificate - still within the timeline of 1/4/2008 and 4/4/2008 but 9 days after we filed.

Which made you ineligible.

Quote

My question to USCIS is, why USCIS approved my GC application back then if the date on my Certificate was not sufficient, why didn't they asked us to wait until after the marriage? If they did, we would've waited for a month and started the process after that date.  USCIC asks for a copy of Marriage Certificate on their website (see below) and thats what we showed them, it was sufficient enough then but it is not now? 

You couldn't have showed them your marriage certificate. It doesn't become a certificate until after you are married and the marriage is registered. You showed them your marriage license - which apparently the adjudicator failed to notice.

Quote

https://my.uscis.gov/exploremyoptions/petition_for_spouse

 

What are my chances in getting them to understand that it was their own broken system that led me to this situation?

 

Thank you all.

Ray

I don't know - you were granted the green card on false grounds. I would contact a lawyer for advise on this one. 

Edited October 11, 2017 by Suss&Camm

[N-o-l-a 7,168]

56 minutes ago, Suss&Camm said:

I don't know - you were granted the green card on false grounds. I would contact a lawyer for advise on this one. 

 

This.

 

Writing your marriage date as 1/4 when you had yet to be married is misrepresentation.  It is serious.

[javadown2 308]

Why would you even send off the form before you even got married, that is a huge red flag..it just sucks that they found out this late in the process. But honestly you did get married and are still married to the same person right?  Did they say there is anything you have to do to correct this or does it mean starting over?  

[RayRay23 2]

It was an honest mistake from our part.  We were on the impression that when they handed us the Marriage Certificate, we are legally married.  Unfortunately we divorced (life happens) and I waited 5 years and then applied.

 

We could've waited 9 more days should we knew it back then, there was nothing we could gain lying about it.  No, they just gave us 30 days to appeal.

 

Thanks.

[Penguin_ie 5,999]

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