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malekkk

N400 5 years based. It's a special case! I need help!

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Posted (edited)

Hello everyone,

 

I became eligible to apply for citizenship several months ago. But I'm concerned whether or not its' worth applying in the first place or I'll just get in trouble.

 

I'll be brief with dated facts about my story. I'll really appreciate your input and help.

Please take time to get the big picture of my case (maybe I'm over exaggerating with my worry). Here it is:

 

Spent entire life in my my home country (in north africa) up-to the next event (minor tourist trips in neighbor countries)
Mid 2010 denied UK student visitor visa at UK Embassy of my country

SEP started pursuing MBA degree in my home country (graduated in JAN 2013)
OCT started learning English online
Met a girl online around late 2010. Both in our 20s years old (I'm 4 years older than her). I was helping her with french and she was helping me with english

Early 2011 she came to visit me. We fall deeply in love

Mid 2011 she visited me again and decided to get married

Mid 2011 married her in my home country with a local family wedding (my friends and family)
Early 2012 the IV papers processed
Almost Mid 2013 - Immigrant visa issued

Mid 2013 entered US and they gave me IR1 (10 years green card) from day one in the US, instead of the (CR1). sSo I never dealt with any USCIS officer here in US.
Mid 2013 lived together in an apartment where she studies as she was still a student. We were so happy and excited to finally be together.

Early 2014 cheated on me (mistakenly and stupidly since she was still in her early 20s but it's still a big deal !!). It was so hard for me to forgive her but I did.

Mid 2014 she realized she doesn't love me anymore and that I'm not meant for her despite we loved each others very much up till now.

Mid 2014 I told her if you don't see me as your lover anymore, our relationship is not working out and there is no need for it anymore.

Mid 2014 we tried to make it to work but it just didn't work out between us, so it's better to just divorce. she agreed since she doesn't love me anymore.
Mid 2014 I can't stay with a woman that doesn't love me or feel anything for me. I moved out from living with her and I applied for divorce.
Mid 2014 Divorced from her and we're still friends (I don't hate her because I know she genuinely loved me and I loved her (more than her) but then she doesn't see me as the one anymore).
Late 2014 I was so confused after what happened and I was alone in US and felt so lonely, and I didn't know what to do or where to start my life again.

Early 2015 I met a girl online (she's from some european country but lives temporarily in UK).

Mid 2015 went to visit my family in my home country for first time after I left my country. and also planned to see this UK girl for few hours in my over night transit layover flight in UK.
Mid 2015 Arrested in UK airport - refused transit & held overnight in a detention center...I had a lot of papers (I didn't trust my roommate to not enter my room and get my info like SSN,...ect).

Mid 2015 UK officer detained me due to not having transit visa (it was his colleagues fault to "clear the way" for me when airline agent here in US called them to confirm I don't need one).

Mid 2015 UK officer wrote in their report they believe that I'm most likely intending to stay in UK due to the amount of personal papers I've had and also to the "love" letter I had for that UK girl which says that finally I'll see you !

Mid 2015 in the same day in the afternoon she had me apply on the spot for a transit visa

Mid 2015 after few hours I got a refusal because I didn't seek legal entrance by applying for one prior to coming and that I already was refused a student tourist study visa in 2010
Mid 2015 Since there is no hotels inside the airport they took me to spend the night in detention center. The next morning I took my flight that I bought and left UK for my home country.
Mid 2015 spent about couple months to see my parents and friends, then returned to US. I hasn’t left the US since this date.

 

My questions is:

A friend told me that the IO in the n400 interview might think I'm trying to make statuses all over the world (referring to that UK girl interaction with UK officer) and / or even question my green card.

 

In my only interview so far with US immigration at the consulate for my green card, I provided the officer with many proofs such as monthly chat logs and phone calls records, her flight visits for me in my country, a lot of pictures of our marriage party, ...etc.

Officer asked me so many questions like: when did you meet? I answer...When was the wedding date? I answer...What is her pet's name? I answer... When did you meet again? lol I answer.  ...etc

then she was convinced we are legit and told me congratulations and the rest is history.

 

Here in the US, we basically lived together for almost one year. I have pictures of our little vacation here in the US, and join bank account statement, and join car insurance statement, and lease under both our names.

 

That was my story from A to Z, I'm honest and of course I will report my UK detention in question 23 (I don't think it is a deportable event but hopefully it's not).

Now, what do you guys think as the big picture would be in IO eyes? does my case look fine or suspicious in your opinion to even question my green card?

I heard they can even go back to dig deeper on my initial green card and marriage and even call my ex wife. I will be glad to give them her phone number as I have nothing to hide.

I know I'm legit and we genuinely loved each others, I tried but it just didn't work out.

But my friend just got me worried a bit to whether it's worth applying or just stay with green card?

 

Sorry for the mouthful post, but I would really really appreciate your inputs guys.

 

Once again thank you very much in advance!

Edited by malekkk
typo

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6 minutes ago, Going through said:

The UK student visa/transit visa stuff won't be an issue in terms of an approval for US naturalization---just make sure to disclose the overnight detention in your N400 application, and include a written explanation.

 

There may be a bit of scrutiny surrounding your initial green card as the IO sorts through your file, because the divorce happened only a year after receiving it, however your marital status cannot be used as a sole reason for a denial (since you are applying under the 5-year rule).  Generally, the N400 is also a last-ditch attempt to ensure the GC was initially properly approved as part of their overall adjudication for your application.

 

 

 

Thank you for the reply my friend, yes I will definitely disclose it with a brief explanation.

But what I meant when I said "A friend told me that the IO in the n400 interview might think I'm trying to make statuses all over the world", I meant that IO might think I made legal status in US and then tried to make legal status in UK, so I'm not intending to live in US (which is stupid and doesn't make any sense to me. but just my friend got me worried).

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Way too much irrelevant information in your post. Next time ditch the personal stuff, no one but you cares. None of that will be an issue. Immigration issues in other countries due to immigrant intent is of no interest to USCIS. You said you’re applying for naturalization under the 5 year rule so your relationship to your ex wife is not an issue. You’re worrying over nothing. 

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Since you didn't put the actual dates for the day you married and the day you entered on your visa. Are you 100% sure you entered the US after your 2 yr anniversary? If yes than I see no problems. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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If you arrived here on the day of or anytime after your second wedding anniversary you were rightfully issued a 10-year GC at the beginning. If you arrived before your second anniversary you potentially have a problem.  

 

Marriages fall apart all the time. 50% of marriages end in divorce - that was your 50%. You are applying under the 5-year rule so the marriage won’t even be considered. 

 

What happened in the U.K. stays in the U.K. incidentally there are hotels inside the terminals at both Gatwick and Heathrow airports. But they are land-side. There are no air-side transit hotels there. The reason you were put in detention in the U.K. is that you were considered a flight risk. Had they put you in a hotel room, the girlfriend would have come and taken you somewhere and you would have vanished forever, is the fear that Border Force had.


 

 

 

 

 

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***Hijack post removed; if you have your own question, you need to start your own thread.***


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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49 minutes ago, JFH said:

If you arrived here on the day of or anytime after your second wedding anniversary you were rightfully issued a 10-year GC at the beginning. If you arrived before your second anniversary you potentially have a problem.  

 

Marriages fall apart all the time. 50% of marriages end in divorce - that was your 50%. You are applying under the 5-year rule so the marriage won’t even be considered. 

 

What happened in the U.K. stays in the U.K. incidentally there are hotels inside the terminals at both Gatwick and Heathrow airports. But they are land-side. There are no air-side transit hotels there. The reason you were put in detention in the U.K. is that you were considered a flight risk. Had they put you in a hotel room, the girlfriend would have come and taken you somewhere and you would have vanished forever, is the fear that Border Force had.

Just FYI if you have a green card you don’t need a transit visa for the UK, it does seem on the face of it that being detained for not having a transit visa was wrong.

[OP being outside the airport is more complicated. As I recall, if you need to change airports (such as in at gatwick and onward from lhr) you can leave airport as long as onward flight is within 24 hours, if not I don’t think you can leave airport, unclear of OP’s specifics, but anyway UK immigration issue shouldn’t affect this. ]

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Posted (edited)
1 hour ago, Ontarkie said:

Since you didn't put the actual dates for the day you married and the day you entered on your visa. Are you 100% sure you entered the US after your 2 yr anniversary? If yes than I see no problems. 

Yes I had more than 2 years marriage anniversary by the time I entered the US, and that’s why the IO at port of entry gave me IR1 instead of CR1. So yes it’s no problem.

and regarding my other matters you don’t see any problem or anything that might trigger suspicion and denial of my n400? 

Edited by malekkk

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Posted (edited)
7 minutes ago, SusieQQQ said:

Just FYI if you have a green card you don’t need a transit visa for the UK, it does seem on the face of it that being detained for not having a transit visa was wrong.

[OP being outside the airport is more complicated. As I recall, if you need to change airports (such as in at gatwick and onward from lhr) you can leave airport as long as onward flight is within 24 hours, if not I don’t think you can leave airport, unclear of OP’s specifics, but anyway UK immigration issue shouldn’t affect this. ]

Yes that’s exactly what happened to me. I didn’t need a transit visa and it was under 24hours layover where I needed to change airport next door. 

But officer was rude and I even gave her the name of the officer who cleared the way for me which made her colleague wonder and told her:” oh he actually knows his name!” 

But she still acted as if I was the wrong doing here, by coming without a transit visa.

And yes I know it’s not a problem for n400 but just worried about like “hmmm.. this guy is making status is US and now UK! So he’s playing games!” Type of suspicion by IO for n400. You don’t think so? Or it’s irrelevant? (Which I believe it is stupid and non sense if IO would have this type of thinking and reject me based on that) 

Edited by malekkk

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Posted (edited)
9 minutes ago, malekkk said:

Yes I had more than 2 years anniversary by the time I entered the US, and that’s why the IO at port of entry gave me IR1 instead of CR1. So yes it’s no problem.

and regarding my other matters you don’t see any problem or anything that might trigger suspicion and denial of my n400? 

That's great, because we have seen many on here that should have been given the 2 yr GC but instead got the 10yr card. They didn't remove conditions and later found out they had a mess to clean up. 

The other issues I do not see any problems that would result in a denial. Will they ask questions - maybe but you can just tell them the truth and it should be all good. 

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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As mentioned above based on what you’ve explained there’s no need to lose sleep over any of this. USCIS has bigger fish to fry and doesn’t give a damn about countries you tried to visit and was denied entry. That’s between you and the UK government. With that being said that WILL only be a problem if you were denied on criminal or drug conviction grounds as crimes committed even abroad also do negatively affect your standing in the U.S. Your friend is totally wrong with the whole thing about USCIS thinking you’re looking for statuses all over the world nonsense. When you apply under 5 year rule your eligibility is now tied but to your permanent residency for 5 years and not by marriage anymore, however; it’s still common for USCIS officers to ask about your previous marriage though. This is just to make sure it was initially bona fide and not a mere means to circumvent U.S. immigration law to just procure a green card.


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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Posted (edited)
7 hours ago, malekkk said:

But what I meant when I said "A friend told me that the IO in the n400 interview might think I'm trying to make statuses all over the world", I meant that IO might think I made legal status in US and then tried to make legal status in UK, so I'm not intending to live in US (which is stupid and doesn't make any sense to me. but just my friend got me worried).

Stick to the gut feeling you have about it being stupid and not making sense to you :) 

 

The IO is not going to care one iota that the UK denied you for the reasons you mentioned above.  You just have to disclose the detention to remain truthful, that's all.

 

To be honest, when I was reading your original post, I skimmed over every part that started or ended with the abbreviation "UK" and focused on on the parts that included the abbreviation "US".  Why?  Because anything that happened on the UK side is pretty much irrelevant to your US application. 

 

That's how the IO is most likely going to look at it too.

Edited by Going through

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

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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7 hours ago, malekkk said:

Thank you for the reply my friend, yes I will definitely disclose it with a brief explanation.

But what I meant when I said "A friend told me that the IO in the n400 interview might think I'm trying to make statuses all over the world", I meant that IO might think I made legal status in US and then tried to make legal status in UK, so I'm not intending to live in US (which is stupid and doesn't make any sense to me. but just my friend got me worried).

At the citizenship stage it's irrelevant anyway if you intend to live in the US after getting citizenship or not. Indeed many get citizenship so they can live where ever without losing their US status. The only thing is that you need to keep filing US taxes even if you live abroad.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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I would say a lot of posters are wrong, saying what happened in other countries does not mater on the N-400. My wife just went for N-400, the interviewer was very friendly but very firm. We work in Jails and prisons as part of our contracting business. I told her there is no need to disclose our working in Jails and prisons. At the interview she was asked, why she did not disclose that she had been to the local jail. They knew of these visits, every time we work there, they scan her drivers license, and this information is entered into FBI database. Every police arrest goes into the FbI database. She had to explain that I had told her, it was for work, and was not necessary to disclose on the N-400. If people think it is not necessary, to tell what happens to you in other countries, and later they find out, you citizenship will be taken away. We have so called paper exchange with most western countries. They probably already know what happened in GB since there was an arrest. N-400 is not the end of everything, and everything is forgiven. Please do not think, becoming citizen means what happen anywhere else, is irrelevant and forgiven. Just disclose everything and let the chips fall where they may. This is the cases we get to hear in the news, the poor person lieved her for 30 years and now he gets deported. Don't be that poor person.  

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