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jamesuk113

Waiting period if 3 year N-400 is refused

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Hi everyone,

 

Is there a waiting period if an N-400 is refused solely on the basis of insufficient evidence to prove eligibility for consideration under the three year rule (e.g. I fail to satisfy the IO that my wife and I have been living together OR I fail to satisfy the IO that I have been stateside for >50% of the three years).

 

(For purposes of this question, ignore all other standard grounds for refusal that also apply to 5 year e.g. misrepresentation / adverse criminal history / incorrect eligibility dates / physical presence etc).

 

My assumption is that if I am refused at GreenCard+3 years, I can apply again at GreenCard+5 years with no restrictions. (As opposed to, refused at GreenCard+3 years, re-eligible to apply no earlier than Denial+5 years).

 

What I fear is being handed a refusal on my three year application and being told I now have to reset the clock and wait another three or five years.

 

Thank you

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If denied, you can file again under either rule once you qualify. Nothing "resets" the clock for when you can apply just due to a denial.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thanks geowrain,

 

That was my assumption. I see "once you qualify" used a lot online, but it gives me a nagging doubt that people don't simply say "straight away", given that I would already qualify at the initial refusal. (I suppose this isn't always a given however).

 

 

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9 minutes ago, jamesuk113 said:

Thanks geowrain,

 

That was my assumption. I see "once you qualify" used a lot online, but it gives me a nagging doubt that people don't simply say "straight away", given that I would already qualify at the initial refusal. (I suppose this isn't always a given however).

The reason I say "once you qualify" is you would only be denied if you didn't qualify.

For instance, if you didn't meet the continuous residence requirement when you filed, you would be denied. But once you meet that, you can qualify (even under the 3 year rule again).

 

Denial due to not living in marital union would be harder to resolve before becoming eligible under the 5 year rule (unless you were really unprepared evidence-wise in the initial filing).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Hi geowrain, good point. Most posts are framed in the context of confusion at the denial only for a fundamental error or misunderstanding to later come to light.

 

In almost all denials I've studied it would have been very easy to know at the time of filing that a denial was coming.

 

I've done my homework and I know I'm eligible, but the weakest point in my application is the proof of martial union due to lots of moves and long periods living together at her parents with no lease or utilities.

 

I'm relived to know I can simply reapply at GC+5 years. It's worth the risk to get in two years earlier.

 

Thanks for all your help! :)

 

 

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Posted (edited)
29 minutes ago, jamesuk113 said:

I've done my homework and I know I'm eligible, but the weakest point in my application is the proof of martial union due to lots of moves and long periods living together at her parents with no lease or utilities.

Cell phone bills, insurances, tax returns, joint checking accounts, saving accounts, credit cards, affidavits from the parents,  neighbors, coworkers, friends.... It’s not that hard. 

 

 

Edited by USS_Voyager

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1 hour ago, jamesuk113 said:

Hi everyone,

 

Is there a waiting period if an N-400 is refused solely on the basis of insufficient evidence to prove eligibility for consideration under the three year rule (e.g. I fail to satisfy the IO that my wife and I have been living together OR I fail to satisfy the IO that I have been stateside for >50% of the three years).

You can apply for the citizenship again the moment you can provide the evidences of those two if they were the only reasons behind the denial. 

 

Even if you for 5 year plus eligibility, if you can’t provide evidences of min 50% of physical presence in the US and of continuous presence, it will get denied. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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