Jump to content
Toforo

N400 Rejection - Application error I hope!

15 posts in this topic

Recommended Posts

My K1 fiancee (and then wife) arrived here in the USA on 20 April 2015
She received her 2-year green card in November of 2015 (without interview)
(she took one 3-week vacation back to PHIL in Jan 2017 - only time she has left the country)
We applied for ROC/10-year card in August of 2017
She was granted her ROC and 10-year card was received in November of 2018 (again, we got lucking - NO interview)

On 07 Jan 2019, we forwarded her N400 submission with all the proper paperwork.
On 22 Jan 2019, we received a rejection stating my wife had not been a resident long enough (see attached)

The 2 attachments are (1) there reason for rejection (2) Part 1 Eligibility
I used their "calculator" and tabulated that she was eligible. Did I make an "eligibility mistake" somewhere? Did I check the wrong box?
ll the dates on her paperwork look good.
So, I thought she could apply for her citizenship 3years from the DATE of her 2-year green card.

 

HELP!

Signed -
Frustrated in MO!

 

RE1.jpg

RE2.jpg

Share this post


Link to post
Share on other sites

You checked the right box. Sounds like they made a mistake. I'd re-file. File online. https://www.uscis.gov/n-400


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!

Share this post


Link to post
Share on other sites
5 minutes ago, EM_Vandaveer said:

You checked the right box. Sounds like they made a mistake. I'd re-file. File online. https://www.uscis.gov/n-400


I'm retired civil service and absolutely anally OCD about paperwork and your response is exactly what I'm thinking, but I needed/need to double/triple/quadruple check!

Are you absotively posolutely sure, by the dates I have posted about my wife, that she's eligible? Because everything looks right to me too!

 

Share this post


Link to post
Share on other sites
44 minutes ago, Toforo said:


I'm retired civil service and absolutely anally OCD about paperwork and your response is exactly what I'm thinking, but I needed/need to double/triple/quadruple check!

Are you absotively posolutely sure, by the dates I have posted about my wife, that she's eligible? Because everything looks right to me too!

 

Yes, I'm 100% sure, she was eligible 90 days prior to whatever date in Nov 2018 her GC "turned 3 years old" - that sounds silly, but I'm sure you get what I mean.


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!

Share this post


Link to post
Share on other sites

Three years from the resident since date on the GC less 90 days, it looks like a USCIS error.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Share this post


Link to post
Share on other sites
3 minutes ago, dannyphan91 said:

How long have you live in your current address?

True, have you been living at your present address for at least 3 months? That's the only other thing.


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!

Share this post


Link to post
Share on other sites
2 minutes ago, dannyphan91 said:

How long have you live in your current address?

Good point.  A lot of folks miss this requirement.

 

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

 

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Share this post


Link to post
Share on other sites
9 minutes ago, dannyphan91 said:

How long have you live in your current address?

We have been at our current address for more than 18months - the address is update and current in the USCIS system and we are still within the same "jurisdiction" as our previous address - 
Thank you for asking.

Share this post


Link to post
Share on other sites

We have been at our current address for +18months - and we only moved a few blocks when we did move.
Our addresses have been/were promptly changed at the time we moved and recognized by USCIS and they are current in the their system.
In addition, we also live within the same jurisdiction so there's no problem there.

I just tried calling the 1-800 help-line and with a miracle, I got through almost immediately. The person reviewed the file and she's pretty convinced that someone, simply made a mistake, but she has "elevated" the call to the next level and someone is supposed to call us back within about 20 minutes.

We'll see...

Share this post


Link to post
Share on other sites

For someone finding this topic at another time, please note the 90-day window only applies to the "Resident Since" requirement. The other two (married for 3 years, spouse has been a USC for 3 years) don't have 90-day windows.

Share this post


Link to post
Share on other sites
1 hour ago, Mollie09 said:

For someone finding this topic at another time, please note the 90-day window only applies to the "Resident Since" requirement. The other two (married for 3 years, spouse has been a USC for 3 years) don't have 90-day windows.

Thank you Mollie09, however this post has nothing to do with the 90-day window nor the "Resident Since" requirement.

 

Share this post


Link to post
Share on other sites
On 1/22/2019 at 2:41 PM, Toforo said:

My K1 fiancee (and then wife) arrived here in the USA on 20 April 2015
She received her 2-year green card in November of 2015 (without interview)
(she took one 3-week vacation back to PHIL in Jan 2017 - only time she has left the country)
We applied for ROC/10-year card in August of 2017
She was granted her ROC and 10-year card was received in November of 2018 (again, we got lucking - NO interview)

On 07 Jan 2019, we forwarded her N400 submission with all the proper paperwork.
On 22 Jan 2019, we received a rejection stating my wife had not been a resident long enough (see attached)

The 2 attachments are (1) there reason for rejection (2) Part 1 Eligibility
I used their "calculator" and tabulated that she was eligible. Did I make an "eligibility mistake" somewhere? Did I check the wrong box?
ll the dates on her paperwork look good.
So, I thought she could apply for her citizenship 3years from the DATE of her 2-year green card.

 

HELP!

Signed -
Frustrated in MO!

 

RE1.jpg

RE2.jpg

did you file online or by mail? because most time uscis officers don't know the rules 

Share this post


Link to post
Share on other sites
59 minutes ago, Ambassador87 said:

did you file online or by mail? because most time uscis officers don't know the rules 

 

Upon review by USCIS, they made a mistake and it has been refiled.
Thanks!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×