N-400 Denied Need Help

[Mohsin786 23]

Hello Guys,

 

My N-400 was denied because of some stupid reasons. I'm re-filing now on my GC this time since i had my GC for more than 5 years. 

Previously I had to provide all joint papers such as (Bank statements, House papers, Bills etc)  I want to know if i need to attach all these documents again or Just the 3 years tax transcripts. 

They are asking for my wife information and marriage info again not sure why since i'm filing on my own. Previously i mailed out the papers to USCIS office but this time i'm filing it online. 

 

Can you please share your experience if you ever file on your GC and did get approve? I really don't want to miss any papers and go through this long wait and get denied again. Appreciate your assistance. 

[Roel 7,191]

You said it was denied for some "stupid" reasons but this might be actually pretty important.

 

So what are you trying to do now? File n400 again? Or renew your green card? If thay second thing then I believe you're confusing it with ROC?

[Mohsin786 23]

They said that evidence i provided to show if i'm marital status is not enough. I have provided more than enough to them. 

I'm refiling N-400 through my Green Card now. Do i need to submit bank statements or any other documents like i did before this time?

[milimelo 4,191]

Well, you were supposed to treat N-400 on the basis of marriage to a USC as a mini-ROC. If you didn’t, that’s what caused denial. 

[nastra30 1,979]

OP, so you first filed based on 3-year rule by being married to USC and was denied? And now your filing based on 5-year rule? Correct?

[Mohsin786 23]

6 minutes ago, nastra30 said:

OP, so you first filed based on 3-year rule by being married to USC and was denied? And now your filing based on 5-year rule? Correct?

That is correct.

[afrocraft 313]

31 minutes ago, Mohsin786 said:

They said that evidence i provided to show if i'm marital status is not enough. I have provided more than enough to them. 

I'm refiling N-400 through my Green Card now. Do i need to submit bank statements or any other documents like i did before this time?

Huh? Did they not first issue an RFE for marriage evidence? I can't imagine that they denied you without giving you an opportunity to provide this.

[Mohsin786 23]

17 minutes ago, milimelo said:

Well, you were supposed to treat N-400 on the basis of marriage to a USC as a mini-ROC. If you didn’t, that’s what caused denial. 

They think i'm not in this marriage and proof was not enough to show them i'm still married to US citizen. As the matter of fact, I provided more than what they asked for. 

My lawyer suggested not to appeal. Refile on 5 year Green Card. I'm not going to hire this lawyer is because he is asking for too much money. 

[Mohsin786 23]

6 minutes ago, afrocraft said:

Huh? Did they not first issue an RFE for marriage evidence? I can't imagine that they denied you without giving you an opportunity to provide this.

You mean chance to appeal after denial. I haven't got the answer to my question lol

[geowrian 22,335]

10 minutes ago, Mohsin786 said:

They think i'm not in this marriage and proof was not enough to show them i'm still married to US citizen. As the matter of fact, I provided more than what they asked for. 

My lawyer suggested not to appeal. Refile on 5 year Green Card. I'm not going to hire this lawyer is because he is asking for too much money. 

I doubt they think you weren't in the marriage unless you either couldn't produce a marriage certificate or they thought you divorced. More likely they didn't believe you met the burden of demonstrating that you are living in marital union.

 

For naturalization under the 3 year rule, the burden is on you to show that you are in a marital union at the time of filing and still legally married through naturalization.

For naturalization under the 5 year rule, they can still ask for bona fide marriage evidence and review your entire case, but the burden shifts to them if they try to question the marriage.

Edited June 5, 2019 by geowrian

[afrocraft 313]

8 minutes ago, Mohsin786 said:

You mean chance to appeal after denial. I haven't got the answer to my question lol

I meant before the denial was issued.

 

In any case, to your question, you still have to show, among other things, that you were lawfully admitted as a LPR. It looks like you gained admission via marriage, so I would assume there remains a question mark on the validity of the marriage, and thus on your LPR status, even when you apply under the 5-year rule.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

Edited June 5, 2019 by afrocraft

[Lemon23 400]

You said you sent more than enough evidences, the big question would be, what are the evidences that you sent to them, this why we can understand why the USCIS denied your N-400 application. 

Keep in mind that the duration of your evidences should covered the 3 years of marriage. There are some misconceptions actually that less than a year worth of evidences is fine, which should not be the case specially if you're applying under 3 years rule.

Edited June 5, 2019 by Lemon23

[Mohsin786 23]

7 minutes ago, geowrian said:

I doubt they think you weren't in the marriage unless you either couldn't produce a marriage certificate or they thought you divorced. More likely they didn't believe you met the burden of demonstrating that you are living in marital union.

 

For naturalization under the 3 year rule, the burden is on you to show that you are in a marital union at the time of filing and still legally married through naturalization.

For naturalization under the 5 year rule, they can still ask for bona fide marriage evidence and review your entire case, but the burden shifts to them if they try to question the marriage.

I was just confused, either to submit evidence for my marriage when filing under 5 year or no. I don't want to be the one sent so much documents when not filing under spouse. 

[afrocraft 313]

7 minutes ago, geowrian said:

For naturalization under the 5 year rule, they can still ask for bona fide marriage evidence and review your entire case, but the burden shifts to them if they try to question the marriage.

Respectfully, this is incorrect. I understand your point, but by statute and by case law, the applicant always bears the burden of proving eligiblity for naturalization.

[geowrian 22,335]

2 minutes ago, afrocraft said:

Respectfully, this is incorrect. I understand your point, but by statute and by case law, the applicant always bears the burden of proving eligiblity for naturalization.

Yes - burden for the benefit being sought is always on the applicant. But there is no requirement of showing a bona fide marriage under the 5 year rule, so there's nothing required to show. If the IO wants to question if LPR status was obtained incorrectly due to not having a bona fide marriage, the burden is on them to show that an error was made in the past.

Edited June 5, 2019 by geowrian