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Mohsin786

N-400 Denied Need Help

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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. 

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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?


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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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. 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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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.

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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. 

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Posted (edited)
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 by afrocraft

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Posted (edited)

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 by Lemon23

VERMONT SERVICE CENTER - I-751 ROC

05/11/17: Date of I-751
05/12/17: VSC received our package

05/12/17: NOA Date
05/14/17: NOA Arrived in the mail & check cashed

06/22/17: Biometrics Appointment at ASC Manhattan

04/09/18: Online changed to case transferred to local office but no actual letter

06/13/18: Card Being Produced - NO RFE/NO INTERVIEW

06/16/18: Approval Letter arrived in the mail with 06/13/18 approval date

06/18/18: Card was picked up by USPS

06/20/18: Received 10 years Green Card from the mail - END OF I-751 JOURNEY!

 

E-FILING (IOE) N-400 APPLICATION FOR NATURALIZATION

06/21/18: Submitted Online
06/22/18: Received NOA Online

06/23/18: Online account updated to Biometrics scheduled on 07/12/18

06/25/18: NOA letter arrived in the mail

06/28/18: Biometrics appointment letter arrived in the mail

07/12/18: Biometrics appointment at ASC Manhattan

02/28/19: In Line for Interview

03/01/19: Interview Date is on 04/08/19

04/08/19: Interview Day: Approved on the spot

04/09/19: We Scheduled your Oath Ceremony 

04/12/19: Oath Letter arrived in the mail

05/02/19: Oath Ceremony - END OF IMMIGRATION JOURNEY!

 

DS-11 - APPLICATION FOR US PASSPORT BOOK AND CARD

05/02/19: Submitted application thru USPS - Expedited
05/06/19: Received email, passport application is now traceable online thru Travel.State.gov website (https://passportstatus.state.gov/Search)

05/08/19: Received email, passport has been printed and it's on final processing
05/09/19: Received email, passport application has been finished processing with USPS tracking number and expected delivery is on 05/14/2019

05/10/19: Receive email from USPS informed Delivery - Expected Passport delivery is on 05/11/2019

05/11/19: Passport book received thru USPS Priority Mail

05/13/19: Passport card received

05/14/19: Naturalization Certificate back - END OF PASSPORT APPLICATION!

 

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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. 

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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.

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Posted (edited)
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 by geowrian

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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