N-400 Denied

[Suss&Camm 2,213]

14 minutes ago, RayRay23 said:

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.

You keep saying marriage certificate. What they handed you was the marriage license. That is simply a document that allows you to get married.

[N-o-l-a 7,167]

23 minutes ago, RayRay23 said:

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.

 

Might have been an honest mistake, but it is still material misrepresentation.  You would not have had an approved I-130 if you correctly listed your status as not married.

 

The consequences could be deportation.  You should be worried and get competent legal help.

[RayRay23 2]

Thank you, Im taking it serious and currently in selection phase of choosing a competent attorney.  Also, not worried about deportation if we cant get it appealed and approved.. being happy is a mindset not the geographical borders.  

Edited October 12, 2017 by RayRay23

[Diane and Chris 651]

1 hour ago, RayRay23 said:

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.

How can you think you were legally married when you had not even married yet?  Once you get married and file the license with the court clerk, then you are legally married. Didn’t you realize that a marriage ceremony was part of getting married?

[RayRay23 2]

Guys, I'm expecting suggestions or similar experiences, and possible results.  If you dont have any productive thing to say, may I suggest silence?

 

Thanks,

Ray

[Lemonslice 4,606]

How did you come to the US initially, fiancé visa, tourist, or?

 

Are you currently single or married?

[Going through 5,668]

6 hours ago, RayRay23 said:

Guys, I'm expecting suggestions or similar experiences, and possible results.  If you dont have any productive thing to say, may I suggest silence?

 

Thanks,

Ray

Suggesting that people not post in a thread is against VJ TOS.

 

People above have given you productive advice and are asking questions to determine how to best advise you.  You may not like the responses you get, or the advice you receive because it isn't what you wanted to hear, however, they are trying to guide you.

 

At this point, since material misrepresentation was found on your prior I-130, then the N400 denial was appropriate.  Unfortunately, sometimes USCIS isn't able to "catch up" on these things until adjudicating the N400 years down the road as part of the adjudication is looking into whether the green card was appropriately approved beforehand.

 

You do have the opportunity to appeal the decision, however appealing misrepresentation on an application is not an easy task and pretty much a lost cause.

 A lawyer is your best bet right now, but keep in mind that a lawyer cannot change immigration laws/requirements for filing.  Since you were never properly approved for a green card in the beginning.

Edited October 12, 2017 by Going through

[Suss&Camm 2,213]

7 hours ago, RayRay23 said:

Guys, I'm expecting suggestions or similar experiences, and possible results.  If you dont have any productive thing to say, may I suggest silence?

 

Thanks,

Ray

The points that people bring up on this forum are likely to be points you will hear or have to defend yourself against or at the very least adress in the process going forward. It might seem harsh but it will help you prepare and think around these things. That's what I find so great about this forum. People don't sugar coat things - because like it or not that's not what you need. It's also a mindset to view things in your best interest or choose to see it as unproductive or taking things personal.

[JFH 12,189]

In short, you applied for an immigration benefit to which you were not entitled at the time of filing. Matters not that you subsequently became eligible for that benefit just 9 days later (when you were legally married). The deed had already been done by then and there are no second chances when it comes to immigration. 

 

This mistake could be very costly to you. Your USC spouse signed the I-130 that everything on the form was true but lied about the date of marriage. Although you may consider this a small oversight or misunderstanding, for immigration this is pretty much unforgivable. I would consult with a lawyer because there's every chance your green card will be revoked. Find a lawyer who specializes in misrep cases. 

[NigeriaorBust 4,087]

  You will need a very good lawyer   You were granted a green card in error .  This error has surfaced and because you are divorced you don't have a path to that same green card.  

[geowrian 22,336]

18 hours ago, RayRay23 said:

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?

 

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

It wasn't sufficient...they just didn't notice your mistake.

 

Regardless of who's fault it was...although you messed up by sending a marriage license not certificate and they messed up by not noticing your error until now...the result is the same: you were ineligible for a green card. This can get very serious, very quickly.

 

11 hours ago, RayRay23 said:

Guys, I'm expecting suggestions or similar experiences, and possible results.  If you dont have any productive thing to say, may I suggest silence?

You may not....that's against the TOS.

Edited October 12, 2017 by geowrian

[Sandra G. 5,025]

13 hours ago, RayRay23 said:

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.

 The Naturalizarion Law makes no exception regarding "honest mistake". Not even the Immigration officer error will  bring some  kind  of "forgiveness" in your case.  Legally  speaking your attorney   can request  a USCIS hearing  before an officer  on the  denial of your application, your  attorney  has 30 days to file the request. The officer who will conduct the hearing  won't  be the same one  that denied your case, but in my opinion the IO will affirm  the findings  in the denial  because  there is no material error. You can request  a Judicial  review before a U.S district  Court after the hearing  with the USCIS as well, but I believe  the Court  will sustain the denial. Good luck. 

 

My hair stylist applied for Naturalization 8 years ago and Uscis  denied her  application.  When she got married she thought that she was divorced in her  home Country  but  in reality  she was not. In her Country the person receives first a doccument regarding the separation and after 2 years of the separation  the person can file for divorce, she  didn't know about it and she submitted the doccument regarding the separation. Her AOS and ROC were approved, but  when she attended the interview for Naturalization the  IO realized that she  was still married to her first husband when she got  married  here and  he denied the application  based in bigamy. The IO said that  she was separated and not divorced  when she got  married ,  well 8 years  later she is still here and often traveling  abroad. They never refered the case to the Court to revoke  her GC. Following  her  attorney  advice never more  she applied  for Naturalization  again. But two years  she got a letter from USCIS to  do the fingerprints, she  did the fingerprints, it's  odd because her  attorney  did not appeal of the denial  or submitted any doccument to USCIS  in the  past  8 years.

 

It doesn't  mean they will do the same with you but you need to prepare yourself in case they refer your case to the  Court, and believe me the Court  will not consider your  mistake an honest mistake.  

 

I am using my phone  to answer you and probably  I misspelled some words,lol. I have a hearing now. Good luck 

 

Edited October 12, 2017 by sandranj

[Auds 223]

A good lawyer should be able to

appeal that there was no intention of misrepresenting and that you coulf have waited 9 days to submit application.

 

I know when we got our licencse the lady congratulated us and we were asking ourselves if that sort if means we are married.

 

i wont go into details but i had a similar issue with divorce date (prev marriage) and they understood amd accepted as a genuine misunderstanding.

 

if your lawyer presents facts well I do think things can sort for you.  Good wishes.

[Suss&Camm 2,213]

3 minutes ago, Auds said:

A good lawyer should be able to

appeal that there was no intention of misrepresenting and that you coulf have waited 9 days to submit application.

 

I know when we got our licencse the lady congratulated us and we were asking ourselves if that sort if means we are married.

 

i wont go into details but i had a similar issue with divorce date (prev marriage) and they understood amd accepted as a genuine misunderstanding.

 

if your lawyer presents facts well I do think things can sort for you.  Good wishes.

What point in the process was your mistake noticed? Was it similar to OP, at N400?

[Merrytooth 5,748]

21 minutes ago, Auds said:

A good lawyer should be able to

appeal that there was no intention of misrepresenting and that you coulf have waited 9 days to submit application.

 

I know when we got our licencse the lady congratulated us and we were asking ourselves if that sort if means we are married.

 

i wont go into details but i had a similar issue with divorce date (prev marriage) and they understood amd accepted as a genuine misunderstanding.

 

if your lawyer presents facts well I do think things can sort for you.  Good wishes.

Not the same issue as OP.

 

He applied for green card based on marriage to USC which occurred after the forms were filed.

 

It is like you filed I-129F first, then you go meet the fiance for the first time.

 

The order of events were wrong.