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N-400 Denied

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N-o-l-a Grand Master

N-o-l-a   7,168

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Filed: Citizen (apr) Country: Denmark
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Posted
1 hour ago, SteveG1003 said:

The date on the marriage certificate is the marriage date. What other marriage date do you use? Is it the reception date, wedding date ... ?

 

The wedding date, i.e. the day you actually say the vows is the marriage date.  The other date he was talking about is just the date the marriage license was issued.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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Suss&Camm
Suss&Camm

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

NigeriaorBust
NigeriaorBust

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

Suss&Camm
Suss&Camm

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 a

SteveG1003 Apprentice

SteveG1003   1

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Timeline
Posted
3 hours ago, N-o-l-a said:

 

The wedding date, i.e. the day you actually say the vows is the marriage date.  The other date he was talking about is just the date the marriage license was issued.

The official date is the date on the marriage certificate. He must has gone to the city hall and say his vows there for them to issue him a marriage certificate. After that, he can do other wedding ceremonies, and the priest can do the marry, saying the vows again...

mindthegap Experienced

mindthegap   2,617

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted
10 hours ago, SteveG1003 said:

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.

So,  ignore it and hope it goes away.... but then apply again in a few years to remind them. Genius.

 

 

 

 

 

 

This isn't exactly scaremongering - the OP is in quite a serious predicament here.

 

 

 

 

 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

candybabe Enthusiast

candybabe   46

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted
On ‎10‎/‎16‎/‎2017 at 5:46 PM, 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.

 

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. 

the belief that they won't look at the marriage papers is ENTIRELY FALSE - They will look at HOW you obtained your GC even if it is 25 Years down the line - The N-400 is the last gateway and they will look into how the GC was obtained regardless of how long ago -

  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
34 minutes ago, candybabe said:

the belief that they won't look at the marriage papers is ENTIRELY FALSE - They will look at HOW you obtained your GC even if it is 25 Years down the line - The N-400 is the last gateway and they will look into how the GC was obtained regardless of how long ago -

K

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted (edited)
9 hours ago, SteveG1003 said:

The official date is the date on the marriage certificate. He must has gone to the city hall and say his vows there for them to issue him a marriage certificate. After that, he can do other wedding ceremonies, and the priest can do the marry, saying the vows again...

If you go back and read all the posts, everything is explained there. Many states don't have a different document for marriage license and marriage certificate (for example Texas where I got married). You get a marriage license issued (with a validity period on it before the end of which you have to get married). Once you go and say your vows and have your ceremony it will be signed by the officiator. After that you bring it to the county clerk and they register it, and you can take the original home (that is now your marriage certificate). The OP used the issued marriage license,  prior to getting married and having it signed by officiator and filed with county clerk, again before they got married. They used the first date in the validity period (the day they got the license) as the wedding date on their USCIS applications, when in fact they were not married at the time of filing.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
14 hours ago, SteveG1003 said:

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.

You are sure based on what?? Your gut feeling? This is a real issue. Not taking it seriously could potentially lead to serious repercussions for the OP's future so it's really counter productive advise to basically say wait and see if "they forget"

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Going through Mentor

Going through   5,674

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
3 hours ago, Suss&Camm said:

You are sure based on what?? Your gut feeling? This is a real issue. Not taking it seriously could potentially lead to serious repercussions for the OP's future so it's really counter productive advise to basically say wait and see if "they forget"

Plus, USCIS probably won't forget or overlook the previous denial since it'll be in the OP's immigration file.

 

 

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

 

 

 

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
3 minutes ago, Going through said:

Plus, USCIS probably won't forget or overlook the previous denial since it'll be in the OP's immigration file.

 

 

No, of course they won't - I don't understand how/why anyone would think that.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

SteveG1003 Apprentice

SteveG1003   1

Posted
Timeline
Posted
On 10/23/2017 at 11:37 AM, Suss&Camm said:

You are sure based on what?? Your gut feeling? This is a real issue. Not taking it seriously could potentially lead to serious repercussions for the OP's future so it's really counter productive advise to basically say wait and see if "they forget"

Base on my recent consults with immigration lawyers (for my wife's case) ... and notice I used 99%, not 100% :D . Pretty much, if you didn't commit any crime, and didn't commit fraud to get the LPR, you should be fine. USCIS messed up and gave him the permanent green card. Taking that back won't be that easy nor fast... ( try hanging the homeless guy $1 and ask for it back a week later :D ) . If the 9 days different is just a honest mistake, and doesn't make any different in the case, they probably won't waste resource to go all the way to court to prosecute him & kick him out. At this point, he can get a good lawyer to appeal the NOID. However, the USCIS hasn't started any process to revolt the green card, and beside getting familiar with his case, a lawyer won't be able to do anything until the USCIS start the process (i.e. filled a complain with the immigration court).

 

 

On 10/23/2017 at 11:31 AM, Suss&Camm said:

If you go back and read all the posts, everything is explained there. Many states don't have a different document for marriage license and marriage certificate (for example Texas where I got married). You get a marriage license issued (with a validity period on it before the end of which you have to get married). Once you go and say your vows and have your ceremony it will be signed by the officiator. After that you bring it to the county clerk and they register it, and you can take the original home (that is now your marriage certificate). The OP used the issued marriage license,  prior to getting married and having it signed by officiator and filed with county clerk, again before they got married. They used the first date in the validity period (the day they got the license) as the wedding date on their USCIS applications, when in fact they were not married at the time of filing.

Thanks for clearing that up. Lol, I don't know the different between the marriage license & certificate either. We didn't get a marriage license at all. Just go to the city hall and get the marriage certificate the day after our wedding.

 
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