N400 denied! What’s next?

[azsxd18 0]

USCIS denied my N 400 claiming that my marriage was fraud because my spouse was cheating on me. I know that it was a good faith marriage. I just do not know what to do now. I’m scared! Would they put me into deportation proceedings? 

[JFH 12,190]

*~*~*moved from "progress reports" to "general discussion"*~*~*

 

How did USCIS know that your spouse cheated? It's not one of the questions on the form. 

[azsxd18 0]

He told them when they separated us. I just don’t understand why they I get to pay for my spouse’s bad act? 

[Unidentified 2,930]

1 minute ago, azsxd18 said:

He told them when they separated us. I just don’t understand why they I get to pay for my spouse’s bad act? 

Did you know, prior to this, that he cheated? Where you two not in a good place? If you know, you probably would have been better of divorcing and waited 5 years to apply instead of 3.

[azsxd18 0]

I found out only when I received notice of intent to deny. I was shocked. I wrote them letter explaining but they said it was self serving.  

[JFH 12,190]

So, are you still married? Still living together? There must have been other questions or things said that led the officer to ask such personal questions about the marriage. It's not normal that the officer says "so, have you ever cheated on your spouse?" out of the blue. 

[azsxd18 0]

As soon as I found out he was with another woman. I filed for divorce. I’m divorced now. I send them divorce order too. They took over a year to notify me that they denied it. Now what? Should I appeal it? Would they deport me? 

[Jo Së 200]

13 minutes ago, azsxd18 said:

As soon as I found out he was with another woman. I filed for divorce. I’m divorced now. I send them divorce order too. They took over a year to notify me that they denied it. Now what? Should I appeal it? Would they deport me? 

No, you are not getting deported if you are a permanent resident.  There is immigrants that never become US citizens and just live their lives as permanent residents.

If it has been more than 30 days and you didn't appeal the denial you can apply again with form N-400, just make sure you have all documents needed.

[Illiria 980]

They have determined that you weren’t  living in marital union as your husband was cheating so therefore not eligible for the citizenship based on the three year rule. Marital union is different to entering the marriage in good faith and needs to be ongoing at the time of the interview. I would imagine that once you meet the five year permenant resident requirement you could apply again then. 

 

You said they said the letter is self serving who said that? Did they use those exact words? It’s just a strange terminology for them to use in an official response. 

 

Your spouse didnt say anything to you about what was said between leaving the interview and getting the noid? 

 

Maybe your spouse thought that by going to the interview and telling them rather than just telling you and divorcing that he could get your green card revoked but he was wrong, it just means you can’t use the 3 year rule.

Edited September 22, 2018 by Illiria

[Unidentified 2,930]

1 hour ago, Jo Së said:

No, you are not getting deported if you are a permanent resident.  There is immigrants that never become US citizens and just live their lives as permanent residents.

If it has been more than 30 days and you didn't appeal the denial you can apply again with form N-400, just make sure you have all documents needed.

And have waited 5 years since becoming a green card holder instead of 3. 

[Ontarkie 14,275]

They do not interview couples for the N400 interview,  even if the spouse wanted to be in there they won't allow it.  I'm betting your spouse wrote to them before your interview and told them the marriage was over. 

[SusieQQQ 11,586]

Sorry OP. Sounds like you ended up with a real nasty piece of work. Hopefully you can get on with your life and as others have said, you can apply again based on the 5-year rule at the appropriate time. Good luck.

[Ontarkie 14,275]

It is sad to be totally blind sighted like that. He's defanilty a piece of work. I bet he thought he could mess up things more then just delaying her citizenship. 

[afrocraft 313]

On 9/22/2018 at 9:22 AM, azsxd18 said:

USCIS denied my N 400 claiming that my marriage was fraud because my spouse was cheating on me.

Sorry to hear. Did USCIS use those very words in your notice of denial? I'd be very surprised -- USCIS is not (or should not be) in the business of morality, and extramarital affairs aren't on their own grounds to question the bona fides of a marriage. On the other hand, your divorce itself is.

[Illiria 980]

On 9/23/2018 at 10:10 PM, afrocraft said:

Sorry to hear. Did USCIS use those very words in your notice of denial? I'd be very surprised -- USCIS is not (or should not be) in the business of morality, and extramarital affairs aren't on their own grounds to question the bona fides of a marriage. On the other hand, your divorce itself is.

They aren’t but the citizenship interview utilizing the three year rule requires the couple to be living in marital union which is different.