Precarious Situation: Long Interview Moments Ago but Undecided

[doshi8000 19]

I had my N400 (5years rule) interview minutes ago in Charlotte, NC, the interview  lasted about an hour and the officer was very professional and thorough.

Though I passed the test my situation is  dicey and  he will need supervisor approval to move to the next stage.

 I will need comments from those who have direct or indirect experience with my situation

 

I came here in 2011 on a marriage based 10yr green card my wife and I have 3 kids together we separated in 2015 and we been trying to make our marriage work because I had affair with another woman in 2015

I showed evidence of support for my children but he asked me questions about the affair and said though its minor it is a moral issue and result could swing both ways.

 

Anyone knows if situations like this have been denied or approved.

 

[doshi8000 19]

Still waiting on anybody with knowledge of similar experience

[Villanelle 4,121]

Was the affair AFTER you filed for and were approved for ROC? If so I dont believe it will be an issue. However if the affair was BEFORE ROC was approved they could make an issue about it regarding your ROC approval... 

[doshi8000 19]

5 minutes ago, Villanelle said:

Was the affair AFTER you filed for and were approved for ROC? If so I dont believe it will be an issue. However if the affair was BEFORE ROC was approved they could make an issue about it regarding your ROC approval... 

no ROC. I came in with 10yrs GC

It is REALLY bothering me

Edited November 27, 2019 by doshi8000

[doshi8000 19]

While no regrets AT ALL for being completely honest. a family member told me I should have said something else other than an affair

[Villanelle 4,121]

Ok and the affair was years after your entry to the US right?  So there shouldnt be any major issue about visa misuse or you not having a bonafide marriage during the visa process/issuance... I know there is something called the petty case exception @Going through can probably provide you with more info about that. But I dont believe it applies to this type of situation. I was able to find this- https://www.nolo.com/legal-encyclopedia/can-extramarital-affair-really-disqualify-you-from-naturalization.html  which explains technically they can deny you for this reason. I do not know in practice how often it happens though nor can I think of anyone on the forums with a similar experience... @Going through follows n400 situations so hopefully she will be on soon to comment her opinion.

 

How do you think the interview went overall? What kinds of questions were asked specifically about the affair and how did you answer? Are you and your spouse reconciling right now? Was it her decision to file for divorce? how long did the affair go on for? You dont have to answer these questions but providing more info may give people a better idea of how the Officer was viewing things. Basically did it seem they were collecting answers to deny you or asking questions more in a way to give you an excuse for this and justify approving you.?

[doshi8000 19]

33 minutes ago, Villanelle said:

Ok and the affair was years after your entry to the US right?  So there shouldnt be any major issue about visa misuse or you not having a bonafide marriage during the visa process/issuance... I know there is something called the petty case exception @Going through can probably provide you with more info about that. But I dont believe it applies to this type of situation. I was able to find this- https://www.nolo.com/legal-encyclopedia/can-extramarital-affair-really-disqualify-you-from-naturalization.html  which explains technically they can deny you for this reason. I do not know in practice how often it happens though nor can I think of anyone on the forums with a similar experience... @Going through follows n400 situations so hopefully she will be on soon to comment her opinion.

 

How do you think the interview went overall? What kinds of questions were asked specifically about the affair and how did you answer? Are you and your spouse reconciling right now? Was it her decision to file for divorce? how long did the affair go on for? You dont have to answer these questions but providing more info may give people a better idea of how the Officer was viewing things. Basically did it seem they were collecting answers to deny you or asking questions more in a way to give you an excuse for this and justify approving you.?

Overall it was a good atmosphere, I was honest and told him he just was surprised we been separated that long and I replied we still trying to work on our marriage building trust back and all that. She collected all that info and told me it could swing both ways that she will need time to make decision alongside her boss

[Going through 5,668]

52 minutes ago, Villanelle said:

I know there is something called the petty case exception @Going through can probably provide you with more info about that. But I dont believe it applies to this type of situation.

Petty Offense Exception is relevant only to those with only one criminal misdemeanor in their history---not extramarital affairs.

 

The only way I can see the affair being used against OP is if the IO uncovers evidence that the relationship with the 2nd woman began well before the marriage ended, and suspects whether the marriage was ever bonafide to begin with (bringing into question whether the initial greencard was properly approved in the first place).

 

 

[doshi8000 19]

16 minutes ago, Going through said:

Petty Offense Exception is relevant only to those with only one criminal misdemeanor in their history---not extramarital affairs.

 

The only way I can see the affair being used against OP is if the IO uncovers evidence that the relationship with the 2nd woman began well before the marriage ended, and suspects whether the marriage was ever bonafide to begin with (bringing into question whether the initial greencard was properly approved in the first place).

 

 

Can you please explain a little more on the bolded?

 

Also the affair started while we are separated and has since ended. and I told my wife about it and we still working on our marriage which I told her and she said she will put everything into consideration.

 

You think I will be denied?

[Going through 5,668]

9 minutes ago, doshi8000 said:

Can you please explain a little more on the bolded?

Unless you have committed a single criminal act in your past (in any country) that resulted in you being charged with a misdemeanor, the Petty Offense Exception is not relevant to your case.  Extra-marital affairs are not criminal offenses.  The Petty Offense Exception does not apply to your N400, since you had an affair----you did not commit a crime.  In other words, it's not relevant to your case at all (assuming you have no criminal history)

 

9 minutes ago, doshi8000 said:

Also the affair started while we are separated and has since ended. and I told my wife about it and we still working on our marriage which I told her and she said she will put everything into consideration.

 

You think I will be denied?

There is some wiggle room for the IO.  The good news, is that you applied under the 5-year residency rule, where your marital status cannot be used against you.  If you'd applied under the 3-year marriage rule, your chances of approval would likely be less.

 

I don't see a strong reason for denial unless the IO suspects/finds evidence that the affair was part of the marriage not being bonafide in the first place.  Did you have any issues with the CR-1 being approved beforehand?

Edited November 27, 2019 by Going through

[doshi8000 19]

7 minutes ago, Going through said:

Unless you have committed a single criminal act in your past (in any country) that resulted in you being charged with a misdemeanor, the Petty Offense Exception is not relevant to your case.  Extra-marital affairs are not criminal offenses.  The Petty Offense Exception does not apply to your N400, since you had an affair----you did not commit a crime.  In other words, it's not relevant to your case at all (assuming you have no criminal history)

 

There is some wiggle room for the IO.  The good news, is that you applied under the 5-year residency rule, where your marital status cannot be used against you.  If you'd applied under the 3-year marriage rule, your chances of approval would likely be less.

 

I don't see a strong reason for denial unless the IO suspects/finds evidence that the affair was part of the marriage not being bonafide in the first place.  Did you have any issues with the CR-1 being approved beforehand?

No issues at all. It was a breeze.

The only slight delay was in my shot records

[doshi8000 19]

There is just no one  with my kind of messy regrettable situation here.

Unless it is not been reported

Edited November 27, 2019 by doshi8000

[Going through 5,668]

59 minutes ago, doshi8000 said:

There is just no one  with my kind of messy regrettable situation here.

Unless it is not been reported

Affairs during the course of marriage with or without any immigration process is common, unfortunately.

 

The extent of how it may affect someone immigration-wise is dependent on variable factors, naturally, but doubtful you are the only one who's had an affair.

 

2 hours ago, doshi8000 said:

a family member told me I should have said something else other than an affair

Just out of pure curiosity---what did your family member suggest you should have said instead?

[doshi8000 19]

1 minute ago, Going through said:

Affairs during the course of marriage with or without any immigration process is common, unfortunately.

 

The extent of how it may affect someone immigration-wise is dependent on variable factors, naturally, but doubtful you are the only one who's had an affair.

 

Just out of pure curiosity---what did your family member suggest you should have said instead?

I Should have stated "differences"

but I am glad I said the truth it helps my healing process

[USS_Voyager 1,971]

4 hours ago, doshi8000 said:

I Should have stated "differences"

but I am glad I said the truth it helps my healing process

I think you will be approved. I will be shocked if you were denied.

 

In your case there are only two ways they can deny you: criminal history and moral grounds. 
 

Extra-marital affairs are not criminal. Bill Clinton had a ####### in the oval office with a White House intern and Donald Trump slept with a porn star while his wife was pregnant. None of them violated the laws. 
 

So the only thing the IO can lean on is is moral ground. That’s pretty shaky. I don’t think any supervisor in their right mind will do it. There is just no way. Even if you had an affair, divorced your wife and married someone else, they can’t do it, as long as your first marriage was entered in good faith.

 

If they do deny, I would file an appeal instantly with a good immigration lawyer. I don’t think USCIS has a case here based on what was presented.