N-400 Denied

[charmander 692]

I doubt you'd ever find an exact case to yours since your I-130 should have been denied on Day 1. It was USCIS's mistake to approve your GC but obviously now you're the one who's suffering. Perhaps a borderline similar case I can think of is this scenario (and I've seen this happened on VJ before), a couple jointly files I-751, they get divorced while I-751 is still pending, once the divorce finalized the CPR had to change the joint I-751 to a waiver case but he didn't, and I-751 later gets approved for the joint filing. Down the road PR  applies N400 with 5 yr rule and N400 gets denied because he did not convert his I-751 to a divorce waiver.

 

I know it is not the same thing but when USCIS evaluates the Yes/No questions on N400, they look at whether you gained any "benefit" for a false claim such as registering to vote, or claiming US citizenship. I don't think you received a significant immigration benefit by filing I-130 9 days earlier than it was supposed to. Hence, in my opinion there must be a way to correct this issue. But as others say you need a good lawyer on how to proceed with this. I hope not but seek professional help immediately if USCIS decides to take this issue further and puts you on removal proceedings. Best of luck!

[IPv6Freely 64]

Wait until you hit 5 years and try again. Honestly you should be happy they don't revoke the green card. 

Edited October 16, 2017 by IPv6Freely

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

1 hour ago, IPv6Freely said:

Wait until you hit 5 years and try again. Honestly you should be happy they don't revoke the green card. 

 

I don't know if that is the best advice.  A lawyer might better recommend a path - applying again without fixing the problem could lead to removal proceedings.

[IPv6Freely 64]

1 minute ago, N-o-l-a said:

 

I don't know if that is the best advice.  A lawyer might better recommend a path - applying again without fixing the problem could lead to removal proceedings.

Once you've had your green card five years the marriage becomes irrelevant. But yes, since they lied on the original application a lawyer would definitely be the best course of action. 

[Suss&Camm 2,213]

2 minutes ago, IPv6Freely said:

Once you've had your green card five years the marriage becomes irrelevant. But yes, since they lied on the original application a lawyer would definitely be the best course of action. 

The point is they weren't supposed to have been granted lpr status. The time (3 or 5 years) is therefore a moot point.

 

Again agreed, lawyer recommended.

Edited October 16, 2017 by Suss&Camm

[IPv6Freely 64]

Just now, Suss&Camm said:

The point is they weren't supposed to have been granted lpr status. The time (3 or 5 years) is therefore a moot point.

 

Again agreed, lawyer recommended.

What I'm saying is that yes I agree they made a mistake by issuing the green card, but if they wait 5 years then the marriage documents aren't even looked at. However, now that there's a rejection on file that may not have worked.

 

I guess the better suggestion would have been to either a) not lie in the first place or b) not applied based on marriage if you know the issuance of the green card was a mistake. 

[Suss&Camm 2,213]

2 minutes ago, IPv6Freely said:

What I'm saying is that yes I agree they made a mistake by issuing the green card, but if they wait 5 years then the marriage documents aren't even looked at. However, now that there's a rejection on file that may not have worked.

As you say yourself, not relevant to OP since they already applied.

Quote

I guess the better suggestion would have been to either a) not lie in the first place or b) not applied based on marriage if you know the issuance of the green card was a mistake. 

Per OP's story it wasn't a) a lie and b) they weren't aware

Edited October 16, 2017 by Suss&Camm

[IPv6Freely 64]

1 minute ago, Suss&Camm said:

As you say yourself, not relevant to OP since they already applied.

Per OP's story it wasn't a) a lie and b) they weren't aware

Yup.

 

Not being aware that you didn't give the date of marriage even though they asked for the date of marriage is kind of one of those things where nobody is going to give you a break on that. 

[geowrian 22,339]

1 hour ago, IPv6Freely said:

Once you've had your green card five years the marriage becomes irrelevant.

1 hour ago, IPv6Freely said:

if they wait 5 years then the marriage documents aren't even looked at.

Actually, it's not that uncommon for them to request marriage documentation even under the 5 year rule. There are a number of (recent) threads where this has been requested.

Edited October 16, 2017 by geowrian

[IPv6Freely 64]

3 minutes ago, geowrian said:

Actually, it's not that uncommon for them to request marriage documentation even under the 5 year rule. There are a number of (recent) threads where this has been requested.

mmk.

[Going through 5,674]

11 minutes ago, geowrian said:

Actually, it's not that uncommon for them to request marriage documentation even under the 5 year rule. There are a number of (recent) threads where this has been requested.

I wasn't asked to give any documents pertaining to my marriage over (and the IO did check my file to see if I had ever submitted my marriage certificate back when I was doing the AOS)----however it was questioned as a formality to determine whether my green card was properly approved beforehand as part of the adjudication of my N400....the IO asked me how we'd met, how I first crossed the border, etc.  I think it's getting common for them to look into the LPR status and how it was obtained beforehand when deciding on the N400 in the IO's eyes...which is how the denial for the OP came about.  Sometimes it takes USCIS up to when a person applies for citizenship to catch their own mistakes. (I filed under the 5 year rule...a good 12 years after marriage)

Edited October 16, 2017 by Going through

[DisneyLovers 18]

On 10/16/2017 at 3:54 PM, geowrian said:

Actually, it's not that uncommon for them to request marriage documentation even under the 5 year rule. There are a number of (recent) threads where this has been requested.

The IO at my interview last month asked if I was still married to the same US.Citizen, asked about our child together (noted he'd noticed my hubby and son in the waiting room and I confirmed my marriage cert and birth record were the ones he pointed out in my submitted docs). 

Some things can be forgiven or are nullified by AOS and ROC, for example, I had a one day overstay on WVP that was expunged the day I got AOS but I always had submit my paperwork from that silly 8hr overstay as part of being in Good moral character whether it impacted the current filing or not, I was told to always supply it with any forms (and carry it with me whilst travelling for customs). Once I got my 10 yr GC I never was asked for it again at customs but I still supplied it in my documents for Naturalization...

Your case  is a lot more complicated, they could easily revoke your GC, you're also at the point you'll be due to renew your GC soon, it's possible that could be denied (if you were still married you might have gotten around it by proving hardship to the USC if you were to be deported). At this point I have no advice on what you should do pertaining to your circumstances except to be honest when you do find a way through this, they will have record of you being denied and the reason.

[mindthegap 2,652]

On 10/11/2017 at 11:40 PM, 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 must be new here 

[SteveG1003 1]

On 10/11/2017 at 12:04 PM, 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 date on the marriage certificate is the marriage date. What other marriage date do you use? Is it the reception date, wedding date ... ?

[SteveG1003 1]

On 10/11/2017 at 8:40 PM, 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

Lol, I agree Ray. Lot of us know little about immigration, and try to play lawyer on here :-D.

 

Don't let others here scare you about deportation. I'm 99% sure they will not revolt or take back your green card. In order to revolt the LPR status, they have to go to court, sue you, and get a judge order. Not easy and they normally don't bother with that. If you simply made a mistake with the application, maybe a lawyer can help you appeal & get the mistake straighten out. If you have other stuffs that you don't want USCIS to see, and you don't want them to dig even deeper into your case, wait a few years and when the USCSI get easier, you can apply again with the help with a lawyer.