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N-400 Denied Need Help

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Just now, geowrian said:

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 int he past.

Again, technically incorrect: One always has to be ready to show evidence of lawful admission. The USCIS manual is even clear on the documentary standard ("mere possession of a [green card] is insufficient). In OP's case, with a previous denial of benefit on the basis of marriage, his burden is even greater.

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8 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.

 

5 minutes ago, geowrian said:

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.

This confused me as well. I guess OP is still required to show evidences of bonafide marriage even under 5 years rule application since the green card was obtained thru US citizen spouse?


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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Posted (edited)
5 minutes ago, Lemon23 said:

 

This confused me as well. I guess OP is still required to show evidences of bonafide marriage even under 5 years rule application since the green card was obtained thru US citizen spouse?

Exactly. 

 

And with a previous denial on that very basis, he now has a giant bullseye on his back.

Edited by afrocraft

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7 minutes ago, afrocraft said:

Exactly. 

 

And with a previous denial on that very basis, he now has a giant bullseye on his back.

I see, so the scrutiny is more tedious now and OP need to provide more evidences because of the denial on the first N-400 application.


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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Posted (edited)
25 minutes ago, Lemon23 said:

I see, so the scrutiny is more tedious now and OP need to provide more evidences because of the denial on the first N-400 application.

Right. And you can see why examining marriage for 5-year rule makes sense if we consider the following extreme scenario of marriage fraud: 

 

The applicant would marry a USC, petition for green card, wait more than 2 years before POE (so avoid the scrutiny of ROC), then wait another 5 years of residency to apply for citizenship (so avoid marriage scrutiny under 3-year rule). Does anyone really think in that scenario USCIS would be prohibited from probing whether that marriage was bona fide?

Edited by afrocraft

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33 minutes ago, afrocraft said:

Again, technically incorrect: One always has to be ready to show evidence of lawful admission. The USCIS manual is even clear on the documentary standard ("mere possession of a [green card] is insufficient). In OP's case, with a previous denial of benefit on the basis of marriage, his burden is even greater.

I disagree.

Just having a green card is not sufficient, but there is no requirement to demonstrate that no mistakes were made in the past. The IO can raise an issue if they suspect that LPR status was not lawfully obtained, but must be able to support that conclusion t deny upon that basis.

 

1 minute ago, afrocraft said:

The applicant would marry a USC, petition for green card, wait more than 2 years before POE (so avoid the scrutiny of ROC), then wait another 5 years of residency to apply for citizenship (so avoid marriage scrutiny under 3-year rule). Does anyone really think in that scenario USCIS would be prohibited from probing whether that marriage was bona fide?

They absolutely can probe it. People have been denied naturalization (and put into removal proceedings) due to a fraudulent marriage discovered during naturalization.

But they would need to be able to demonstrate it to deny naturalization on that basis. The bar is much lower for USCIS to deny a benefit (3 year rule marriage union) versus determine fraud (LPR status was obtained via marriage fraud).


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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Posted (edited)
14 minutes ago, geowrian said:

...The IO can raise an issue if they suspect that LPR status was not lawfully obtained, but must be able to support that conclusion t deny upon that basis.

... But they would need to be able to demonstrate it to deny naturalization on that basis. The bar is much lower for USCIS to deny a benefit (3 year rule marriage union) versus determine fraud (LPR status was obtained via marriage fraud).

Of course USCIS will need grounds for denial. We agree on that. Here's one:
 

Quote

https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-4

C. Denial of Naturalization Application

Failure to establish lawful admission for permanent residence

Notice that fraud isn't the standard; just failure to establish.

 

Further:

Quote

https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.316_12

(b) Burden of proof. The applicant shall bear the burden of establishing by a preponderance of the evidence that he or she meets all of the requirements for naturalization, including that the applicant was lawfully admitted as a permanent resident to the United States, in accordance with the immigration laws in effect at the time of the applicant's initial entry or any subsequent reentry.

And:

Quote

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2
1. Lawful Admission for Permanent Residence

In general, an applicant for naturalization must be at least 18 years old and must establish that he or she has been lawfully admitted to the United States for permanent residence at the time of filing the naturalization application. [1] An applicant is not lawfully admitted for permanent residence in accordance with all applicable provisions of the Immigration and Nationality Act (INA) if his or her lawful permanent resident (LPR) status was obtained by mistake or fraud, or if the admission was otherwise not in compliance with the law. [2] 

 

In determining an applicant’s eligibility for naturalization, USCIS must determine whether the LPR status was lawfully obtained, not just whether the applicant is in possession of a Permanent Resident Card (PRC). If the status was not lawfully obtained for any reason, the applicant is not lawfully admitted for permanent residence in accordance with all applicable provisions of the INA, and is ineligible for naturalization even though the applicant possesses a PRC.

 

Edited by afrocraft

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The burden of proof to apply under the 3 years rule is very low. I applied under the 3 years rule and my GC was NOT through marriage, and all I had to do was provide the marriage certificate with date, a couple of utility bills, and I threw in our son's birth certificate just for kicks. But that was it, and no question was ever asked about that. Which makes me think that the OP almost had to NOT include anything related to the marriage to warrant  a straight denial. 

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6 minutes ago, USS_Voyager said:

The burden of proof to apply under the 3 years rule is very low. I applied under the 3 years rule and my GC was NOT through marriage, and all I had to do was provide the marriage certificate with date, a couple of utility bills, and I threw in our son's birth certificate just for kicks. But that was it, and no question was ever asked about that. Which makes me think that the OP almost had to NOT include anything related to the marriage to warrant  a straight denial. 

Are you saying you did not provide documents about your tax filing and got approved? As far as I know, tax transcript is required whether the green card was obtained thru marriage or employer.


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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Posted (edited)
16 minutes ago, Lemon23 said:

Are you saying you did not provide documents about your tax filing and got approved? As far as I know, tax transcript is required whether the green card was obtained thru marriage or employer.

Oh I did provide tax transcripts. What I said was in reference to the part where you have to prove that you were "living in marital union with a US citizen for 3 years". Tax transcripts were a different bullet.

Since it seems like the OP was denied because lack of evidence that he was "living in marital union with a US citizen for 3 years", I was merely trying to point out that that part is very easy to prove. 

Edited by USS_Voyager

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7 minutes ago, USS_Voyager said:

Oh I did provide tax transcripts. What I said was in reference to the part where you have to prove that you were "living in marital union with a US citizen for 3 years". Tax transcripts were a different bullet.

Since it seems like the OP was denied because lack of evidence that he was "living in marital union with a US citizen for 3 years", I was merely trying to point out that that part is very easy to prove. 

Yeah, but whether under 5 year and 3 year rules, thru marriage or employer, tax transcript is required, so that USCIS would know that the applicant is filing taxes religiously and do not owe anything to the IRS.


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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1 minute ago, Lemon23 said:

Yeah, but whether under 5 year and 3 year rules, thru marriage or employer, tax transcript is required, so that USCIS would know that the applicant is filing taxes religiously and do not owe anything to the IRS.

I said I did provide tax transcripts

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Posted (edited)
6 minutes ago, USS_Voyager said:

I said I did provide tax transcripts

Yes you did, I'm just pointing out that the tax transcript is required since you did not mention the tax transcript on your original post.

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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