Will N400 denial trigger loss of residency? (merged)

[corvusheart 163]

I read that if you get denied on grounds of not having enough relationship evidence they can revoke your residency. Basically they deny your N400 because they believe you are aren't bona-fide which means they would believe getting your green card through marriage wasn't bona-fide. We are 100% legit and have tax returns and leases showing we've always been together along with health insurance claims and utility bills but I don't think that will be enough for them.

 

Would it be safer to withdraw at this point?

 

I would never recommend anyone applying to N400 under 3 year rule unless they have dictionary-thick stack of evidence. Feels like a trap to deport people who just don't accumulate much paper.

 

We should have waited for the 5 year.

Edited March 27, 2019 by corvusheart

[cyclone27 710]

^paranoia is great in you.

 

Again if you didn’t have enough evidence you would never have been approved for your ROC. 

 

As for having paper - once a wife or husband arrives you should be preparing for the next step and ultimately citizenship if that is your end game. You have 21mo to  get things in order and another 18 or so mo to continue prep and doc collection for N400. This really isn’t that hard. 

 

Tax returns you need all the accompanying forms and w2. You should have used tax transcripts then no rfe for that aspect.

Edited March 27, 2019 by cyclone27

[corvusheart 163]

8 minutes ago, cyclone27 said:

^paranoia is great in you.

 

Again if you didn’t have enough evidence you would never have been approved for your ROC. 

 

As for having paper - once a wife or husband arrives you should be preparing for the next step and ultimately citizenship if that is your end game. You have 21mo to  get things in order and another 18 or so mo to continue prep and doc collection for N400. This really isn’t that hard. 

 

Tax returns you need all the accompanying forms and w2. You should have used tax transcripts then no rfe for that aspect.

All our tax returns we've supplied are transcripts except 2018 we just have client copy from HR Block. It hasn't popped up on IRS.gov yet. We didn't keep w2s.

 

I keep thinking of the saying Live to fight another day. Withdraw and refile in a few years after we've built up more evidence. We've been so distressed from this husband has lost his job. I'm still working and my job alone pays well enough to support us both. This has taken a big toll on us and it's only been 11 days since we received and responded to RFE. I've read stories on legal sites about couples being approved for ROC and denied and deported for N400 because uscis all of a sudden believes the couple is no longer legit.

 

The letter says if we withdraw the N400 it will be withdrawn with no prejudice to future applications what does that mean?

[cyclone27 710]

It means it should have no bearing on future applications.

 

Stop googling for immigration horror stories would be my advice. Remember every case is different.

[corvusheart 163]

7 minutes ago, cyclone27 said:

It means it should have no bearing on future applications.

 

Stop googling for immigration horror stories would be my advice. Remember every case is different.

If I knew us filing N400 would carry the risk of deportation we wouldn't have done it on the 3 year rule.

[Lemonslice 4,549]

18 minutes ago, corvusheart said:

If I knew us filing N400 would carry the risk of deportation we wouldn't have done it on the 3 year rule.

Breathe.  Turn off the computer. Go for a walk. Mark your calendar and inquire about the status in a few weeks, but stop worrying until then.

Citizenship is not an obligation. Your husband can live legally in the USA, renewing his permanent green card every ten years.  Your husband has the right to drive, work, be an active member of your community. If there is nothing fraudulent, then there is nothing to fear.  

 

By focusing on the worst case scenario, you are going to live your life in fear and miss on a lot of good times (not getting a driver's licence, in case he got a ticket; not getting joint accounts, in case someone stole your banking information). 

[corvusheart 163]

3 minutes ago, Lemonslice said:

Breathe.  Turn off the computer. Go for a walk. Mark your calendar and inquire about the status in a few weeks, but stop worrying until then.

Citizenship is not an obligation. Your husband can live legally in the USA, renewing his permanent green card every ten years.  Your husband has the right to drive, work, be an active member of your community. If there is nothing fraudulent, then there is nothing to fear.  

 

By focusing on the worst case scenario, you are going to live your life in fear and miss on a lot of good times (not getting a driver's licence, in case he got a ticket; not getting joint accounts, in case someone stole your banking information). 

You're right citizenship is not an obligation but filing for it based on the 3 year rule is taking a risk. If he gets denied because we don't have enough evidence they can deport him on belief he got his GC through a non legit marriage even though it's 100% legit. If uscis does not see us as bona fide for citizenship they can choose to revoke his residency because we won't be seen as bona fide anymore for his residency.

[Lemonslice 4,549]

4 minutes ago, corvusheart said:

You're right citizenship is not an obligation but filing for it based on the 3 year rule is taking a risk. If he gets denied because we don't have enough evidence they can deport him on belief he got his GC through a non legit marriage even though it's 100% legit. If uscis does not see us as bona fide for citizenship they can choose to revoke his residency because we won't be seen as bona fide anymore for his residency.

... again, worst case scenario.  Please explain the steps between now and deportation (and realize it is not realistic). 

[corvusheart 163]

4 minutes ago, Lemonslice said:

... again, worst case scenario.  Please explain the steps between now and deportation (and realize it is not realistic). 

-USCIS decides the evidence we submitted as response to RFE is still not adequate since we didn't provide all requested because we didn't have some of the items : joint account, w2s. We submitted 3 years of tax returns, leases, health insurance claims, utility bills etc. All returns are transcripts except most recent.

-USCIS denies citizenship application because we don't have enough evidence we have failed to prove to have a bona fide marriage.

-The denial triggers removal proceedings because uscis sees why N400 was denied and makes the decision that the marriage is not considered bona fide therefore the LPR status that was granted because of a marriage is no longer legit.

[sexyafrican36 42]

Just now, corvusheart said:

-USCIS decides the evidence we submitted as response to RFE is still not adequate since we didn't provide all requested because we didn't have some of the items : joint account, w2s. We submitted 3 years of tax returns, leases, health insurance claims, utility bills etc. All returns are transcripts except most recent.

-USCIS denies citizenship application because we don't have enough evidence we have failed to prove to have a bona fide marriage.

-The denial triggers removal proceedings because uscis sees why N400 was denied and makes the decision that the marriage is not considered bona fide therefore the LPR status that was granted because of a marriage is no longer legit.

You need to stop being so pessimistic. It doesn’t work like that, except there is an overwhelming proof that the marriage was fraudulent.uscis probably won’t even bother with your case. You worrying about dooms day doesn’t help his case because it seems you paranoid about something that doesn’t exist. I think everyone has given you the best advice, if you want to pull the case of your own sanity you guys can but like they said if you are in a legit relationship. You should have no reason to be freaking out 

[Lemonslice 4,549]

8 minutes ago, corvusheart said:

-USCIS decides the evidence we submitted as response to RFE is still not adequate since we didn't provide all requested because we didn't have some of the items : joint account, w2s. We submitted 3 years of tax returns, leases, health insurance claims, utility bills etc. All returns are transcripts except most recent.

-USCIS denies citizenship application because we don't have enough evidence we have failed to prove to have a bona fide marriage.

-The denial triggers removal proceedings because uscis sees why N400 was denied and makes the decision that the marriage is not considered bona fide therefore the LPR status that was granted because of a marriage is no longer legit.

You forgot the lawyer and judge parts... 

 

Think about it, some criminals and people with the weakest "marriages" get to stay, why would they suddenly target you if you are legitimate couple? Again, turn the computer off and check the status in a couple of weeks. At this point, there is nothing you can do - but wait.  Otherwise, you can also wonder about the risks of getting hit by a meteorite or struck by lightning. Yup, it can happen but most probably won't. 

Edited March 28, 2019 by Lemonslice

[corvusheart 163]

1 minute ago, Lemonslice said:

You forgot the lawyer and judge parts... 

 

Think about it, some criminals and people with the weakest "marriages" get to stay, why would they suddenly target you if you are legitimate couple? Again, turn the computer off and check the status in a couple of weeks. At this point, there is nothing you can do - but wait.  Otherwise, you can also wonder about the risks of getting hit by a meteorite or struck by lightning. Yup, it can happen but most probably won't. 

It depends on the adjudicator. If a weak marriage gets a lenient adjudicator they can get approved and if a strong marriage with a skinny paper trail gets a strict adjudicator things can derail..

 

There is something we can do and that's withdraw. We are trying to figure out if that's the safest option here. Also I don't want us losing our minds for the next 180 days.

[Lemonslice 4,549]

2 minutes ago, corvusheart said:

It depends on the adjudicator. If a weak marriage gets a lenient adjudicator they can get approved and if a strong marriage with a skinny paper trail gets a strict adjudicator things can derail..

 

There is something we can do and that's withdraw. We are trying to figure out if that's the safest option here. Also I don't want us losing our minds for the next 180 days.

Why would you withdraw?  if they think you are fraudulent, they will still investigate... Seriously, there is no point in discussing these unrealistic nightmares brought up by your anxiety.  Good luck with everything, I'm out. 

[ton_guc 2]

On 3/14/2019 at 5:11 PM, corvusheart said:

 Last week my husband had his combo interview. He said he was being recommend for approval for both

ROC and N400. He got his new GC in the mail yesterday and his approval notice for ROC. Today his status updated on N400 with a RFE!! Saying we need give more evidence of our relationship for the past 3 years. We brought all evidences in a binder to his interview. The IO didn't take any just looked at them. The myuscis website allows you to submit evidence on their website but only allows you to upload 5 files?! Has any one heard of this happening? If we didn't have sufficient relationship evidence why was his ROC approved at interview?

 

Hey, I uploaded 15 files yesterday in the same drag and drop window. The 5 limit is about dragging and dropping at once. I put in 5 at a time and I was able to upload many files. 

 

Best luck

[corvusheart 163]

3 minutes ago, ton_guc said:

Hey, I uploaded 15 files yesterday in the same drag and drop window. The 5 limit is about dragging and dropping at once. I put in 5 at a time and I was able to upload many files. 

 

Best luck

Were you responding to an RFE?