DV N400

[Fudge 0]

I wrote on this site earlier about this topic, but didn't have time to go into detail - but now I do.

I am a 10 yr GC holder, arrived in the US 2016 and married my spouse on a K1 visa. In Jan. 2018 we argued, pushed each other around, called the police but then told them that neither of us were going to press charges and the case was closed. A few days later my wife filed a restraining order Ex parte. It wasn't served correctly and the judge ended up serving me. I moved out of the house, informed USCIS after I found an apartment (few days I had to stay in a hotel). The wife and I went to court. She filed a motion to terminate the order, and the judge granted this. I moved back home, informed USCIS about the move, and dissolved my lease with the apartment complex. In Feb. 2019, we filed to remove conditions and eventually I got my 10 yr GC. Feb. 2020, I filed the N400 and I just had my interview. I signed a digital form before the test, passed my test and then the topic turned to the restraining order. I had my court documents with me but the officer said she had everything she needed. I had not uploaded the court documents regarding the restraining order, just the required evidence. I felt it was better to show these in person, but being nervous and her not accepting anything new, I did not have the chance to present these papers. I did not disclose the information with the application as I did not commit a crime. The judge in his order to terminate checked off these three boxes:
1. Terminate the personal protection order dated Jan. 2018
2. Circumstances do not exist that would require a continuation of the term of the order
3. The motion to terminate the protection order is granted. The court clerk shall complete and file the Removal of Entry from Lein (form MC 239) with the law enforcement agency named in the last order.

Regarding the police report: it states that the confrontation between my wife and myself and at the bottom of it says that neither of us wish to pursue charges, case closed. NO ARREST. A couple days later she went to the courthouse and filed for a restraining order ex parte.

When the restraining order was terminated I was not required to attend counseling or anything else so - no diversion; On the termination document, I do not see the words Nolle Prosequi or Nolo Contendere.

I passed my civics/reading/writing test but the officer checked off a decision cannot be made and also checked the box that say we will contact you in writing.

I spoke with a retired immigration attorney and she said that I should try to find the officer's email address (which seems impossible) or send her by FedEX Att: officer _____ and provide her with those documents that she did not accept. She said that either myself or my wife could do this. She suggested that I do not involve our congressman or senator at this point in time. 

I really don't know what to think or do; I filed on the 3 year rule and I wasn't trying to hide anything. I had the police report and embossed court document with me.  This all took place in civil court and there has been no more issues between my wife and myself.

The officer asked if she work and I said not for some time. I work a swing shift, sometimes 8, 12 or 16 hours. She carries out a more traditional role. She had worked in the past. I'm not sure why the officer asked about her work?

Anyway, now I wait. Do you think I will be denied?

[H.Angy 51]

I think you should wait for USCIS mail and then take it from there. Nobody can tell you if you are denied. 

[fromthewater 11]

9 hours ago, Fudge said:

I moved back home, informed USCIS about the move, and dissolved my lease with the apartment complex. In Feb. 2019, we filed to remove conditions and eventually I got my 10 yr GC. Feb. 2020, I filed the N400 and I just had my interview.

I filed on the 3 year rule and I wasn't trying to hide anything.

This all took place in civil court and there has been no more issues between my wife and myself.

The officer asked if she work and I said not for some time. I work a swing shift, sometimes 8, 12 or 16 hours. She carries out a more traditional role. She had worked in the past. I'm not sure why the officer asked about her work?

Good luck to you! And please keep us updated!

 

I am also curious, so you and your wife are back together? Maybe that's what USCIS is looking into?

I am not a professional here. But maybe they question whether you stay together for immigration benefits until you naturalize? Or maybe they suspect that you are controling your wife from not working or exert some kind of financial abuse so that she cannot leave you?

That's just my wild guess... if I were in your shoes.

[Fudge 0]

5 hours ago, fromthewater said:

Good luck to you! And please keep us updated!

 

I am also curious, so you and your wife are back together? Maybe that's what USCIS is looking into?

I am not a professional here. But maybe they question whether you stay together for immigration benefits until you naturalize? Or maybe they suspect that you are controling your wife from not working or exert some kind of financial abuse so that she cannot leave you?

That's just my wild guess... if I were in your shoes.

Thanks and I will.  Hope someone can give me advice.

My wife and I got back together as soon as the judge lifted the order.  I never thought about them questioning our staying together for immigration benefits, but I can see that being an issue for them.  I can also see where they may think I'm preventing her from work, she worked in the school system all of her life.  Her last position was demanding, and she doesn't regret being out of it.  
The early days of our marriage were not spent treating each other very nicely, and she could also be abusive.  By our own choice (not the judge), we went to see a counselor.  Then we decided if we were going to make it, it would have to be us making changes and working on the marriage.  She had written USCIS a statement/affidavit and in it she told them she was in the truck outside should they want to call her in for a stoke interview.  I just wasn't given the opportunity to hand over anymore papers.  It is possible for people to turn things around and learn from their mistakes.  Thank you for your thoughts, I hadn't looked at it hat way.

[bing10 114]

6 hours ago, Fudge said:

Thanks and I will.  Hope someone can give me advice.

My wife and I got back together as soon as the judge lifted the order.  I never thought about them questioning our staying together for immigration benefits, but I can see that being an issue for them.  I can also see where they may think I'm preventing her from work, she worked in the school system all of her life.  Her last position was demanding, and she doesn't regret being out of it.  
The early days of our marriage were not spent treating each other very nicely, and she could also be abusive.  By our own choice (not the judge), we went to see a counselor.  Then we decided if we were going to make it, it would have to be us making changes and working on the marriage.  She had written USCIS a statement/affidavit and in it she told them she was in the truck outside should they want to call her in for a stoke interview.  I just wasn't given the opportunity to hand over anymore papers.  It is possible for people to turn things around and learn from their mistakes.  Thank you for your thoughts, I hadn't looked at it hat way.

 

Congratulations on working things out with your wife, it sounds like you have things back on-track.

 

That said, given your situation I think I would have been inclined to wait for 5 years as a resident to apply for the N-400, rather than 3, as you're applying based on marriage, so putting that aspect of your life up for scrutiny. 

 

No-one knows for sure what they are going to do, but I'd say absolute worst-case, if they reject you, you could still just apply again in 2021 under the 5 year rule.

 

 

[fromthewater 11]

6 hours ago, Fudge said:

Thanks and I will.  Hope someone can give me advice.

My wife and I got back together as soon as the judge lifted the order.  I never thought about them questioning our staying together for immigration benefits, but I can see that being an issue for them.  I can also see where they may think I'm preventing her from work, she worked in the school system all of her life.  Her last position was demanding, and she doesn't regret being out of it.  
The early days of our marriage were not spent treating each other very nicely, and she could also be abusive.  By our own choice (not the judge), we went to see a counselor.  Then we decided if we were going to make it, it would have to be us making changes and working on the marriage.  She had written USCIS a statement/affidavit and in it she told them she was in the truck outside should they want to call her in for a stoke interview.  I just wasn't given the opportunity to hand over anymore papers.  It is possible for people to turn things around and learn from their mistakes.  Thank you for your thoughts, I hadn't looked at it hat way.

Taking a second look on your story, it is likely because the incident happened within your statutory period for Good Moral Character of 3 years that you are applying based on.

So even though you had no charges or conviction, you still had some kind of DV restraining order against you within that period. And that could make USCIS question the GMC requirement.

 

Let's say by Jan 2021, if there are no more bad records for you since Jan 2018, USCIS may be able to give you a decision then. Fingers crossed!

 

They look at things like that comparing the total time you're here in the US and the time you have here with clean records. Right now all they can see is a relatively short 3-4 years you are here with such incident.

 

And it sucks how they refused to take more evidence.

Does anyone know what would have happened if you insisted that they took it and took into consideration?

Is it okay for USCIS to refuse to let the applicant provide more information to build their case? Is it then suggested that you prepare ALL things that you can think of that can come up, and submit altogether in your initial N-400 filing?

[H.Angy 51]

USCIS can do whatever they want. :))