N400 denied accused of fraud

[dwheels76 5,463]

On 1/25/2022 at 8:49 AM, Rocio0010 said:

I feel like there is definitely something else to this case. When you get to the naturalization stage of the process, you are usually past the suspicion of marriage fraud, because you underwent AOS and ROC. Do you think maybe there was a language barrier, maybe you did not understand the questions fully?

Well that isn't true. I have known personally of a few who at Citizenship things started to unravel in their stories. N400 they truly do a deeper dive. You are never past suspicion. Sometimes at N-400 is when fraud is found out sadly.

 

This almost same scenario happen to a friend of mine. He thought like you and thought Immigration would not connect the dots and at interview he was grilled why the difference in addresses and why did he divorce shortly after I-751 and changed to divorce waiver.
After all was said and done he was separated when he filed for ROC wife thought she was helping by signing but then it went south and they divorced waiting for ROC approval and he was called into interview and it was changed to divorce waiver all fine. But at N-400 it was found they were separated when I-751 was filed.

 

Seems OP has about the same story. No way anyone is forgetting in 2 years where they lived. I know my address from when I was 10 that was 53 years ago, So OP sorry your story so does not add up at all.

[Mike E 11,724]

My decision to wait to file N-400 9 months after my divorce decree appears to have been the correct instinct. 

[Allaboutwaiting 2,500]

18 minutes ago, dwheels76 said:

Seems OP has about the same story. No way anyone is forgetting in 2 years where they lived. I know my address from when I was 10 that was 53 years ago, So OP sorry your story so does not add up at all.

Agreed.

They were very likely separated or even going through divorce proceedings when the ROC interview happened.

[pompeilife 15]

On 1/25/2022 at 7:23 AM, Rocio0010 said:

OP can file for divorce prior to ROC being ajudicated. Nothing wrong with that.

 

My understand is that, if the divorce is finalized after ROC is approved, then there is no need send the divorce decree to USCIS at that time.

I dont think you can have ROC approved without divorce decree. I think i read a lot of forums that they had to wait for divorce decree to get divorce waiver

[Boiler 43,619]

Contra logical you file on the basis of divorce they will need to see you are divorced 

[Rocio0010 5,570]

40 minutes ago, pompeilife said:

I dont think you can have ROC approved without divorce decree. I think i read a lot of forums that they had to wait for divorce decree to get divorce waiver

Let’s just do the following scenario.

John files I-751 jointly in January 2020.

In May 2021 he files for divorce. Two weeks later, his I-751 is approved.

His divorce is finalized in July 2021. Does he still need to convert to a divorce waiver, even after being approved?

[Boiler 43,619]

43 minutes ago, Rocio0010 said:

Let’s just do the following scenario.

John files I-751 jointly in January 2020.

In May 2021 he files for divorce. Two weeks later, his I-751 is approved.

His divorce is finalized in July 2021. Does he still need to convert to a divorce waiver, even after being approved?

When did John notify that he was no longer in a marital union and was not eligible for a regular removal of conditions?

[Rocio0010 5,570]

1 minute ago, Boiler said:

When did John notify that he was no longer in a marital union and was not eligible for a regular removal of conditions?

Just asking out of ignorance. Filing for divorce needs to be notified?

[Allaboutwaiting 2,500]

5 minutes ago, Rocio0010 said:

Just asking out of ignorance. Filing for divorce needs to be notified?

Of course you have if you filed jointly for removal of conditions.

Otherwise it is misrepresentation by omission. 

 

That's how cases like OP's one happen.

Edited January 28, 2022 by Allaboutwaiting

[Rocio0010 5,570]

Just now, Allaboutwaiting said:

Of course you have if you filed jointly for removal of conditions.

Otherwise it is misrepresentation by omission. 

Thanks

[Mike E 11,724]

Let’s tweak  the scenario.  
 

1. John files I-751 jointly in January 2020 

John files for divorce on  January 11, 2023. And promptly sends notice to USCIS on January 11, 2023, that he is converting the filing to a divorce waiver.  
 

On January 12 his I-751 is approved before his notice arrives at USCIS, and on January 16 the ten years green card arrives.  

 

2. Like 1, but his notice sits in a lockbox for 2 months unopened.  
 

What happens in each when John files N-400 and goes to interview?

 

 

Edited January 29, 2022 by Mike E

[Rocio0010 5,570]

4 minutes ago, Mike E said:

1. John files I-751 jointly in January 2020 

John files for divorce on  January 11, 2023. And promptly sends notice to USCIS on January 11, 2023, that he is converting the filing to a divorce waiver.  
 

On January 12 his I-751 is approved before his notice arrives at USCIS, and on January 16 the ten years green card arrives.  

 

2. Like 1, but his notice sits in a lockbox for 2 months unopened.  

I almost grabbed a notebook and started writing it down like a math problem! Hahaha. I feel like both situations are very possible. I’m sure both scenarios have already happened at USCIS.

Speaking of that, I was watching Jim Hacking’s Immigration answer show the other day and a guy called with the following situation (exact months and years of course I don’t remember).

He filed for a joint I-751 in May 2014.In January 2015 he filed for divorce but never informed USCIS. In may 2015 his 10 yr gc was approved. He never sent USCIS the divorce waiver. In 2017 he married wife #2, and wanted to file for her. He kept on saying “how could I have informed USCIS?!”.

 

Dude, really?!

[STO Overland 137]

12 minutes ago, Mike E said:

Let’s tweak  the scenario.  
 

1. John files I-751 jointly in January 2020 

John files for divorce on  January 11, 2023. And promptly sends notice to USCIS on January 11, 2023, that he is converting the filing to a divorce waiver.  
 

On January 12 his I-751 is approved before his notice arrives at USCIS, and on January 16 the ten years green card arrives.  

 

2. Like 1, but his notice sits in a lockbox for 2 months unopened.  
 

What happens in each when John files N-400 and goes to interview?

 

 

Assuming John will read the N400 questionnaire properly and select that he is applying under the 5 year rule and not the 3 year rule. He will continue with his application. 
 

The USCIS will review his application and all pertinent dates. If there is an issue based on 1 or 2 above, they will send John a RFE. 
 

John will either a) respond to his RFE enclosing his tracking information that he had saved from when he originally posted his divorce notification showing that he had rightfully informed the USCIS of his divorce before being given his 10 year green card or b) he will feel the need to work with an immigration lawyer to assist him on his response to the RFE

 

all hypothesis as like the scenario is. 

 

 

 

 

 

 

[Mike E 11,724]

If only it worked out so well IRL.  I suspect John gets his I-751 approval rescinded.  

Edited January 29, 2022 by Mike E

[Jimmyzr1 36]

On 1/24/2022 at 5:26 AM, soapmctavish said:

I have a lawyer when I applied for removal of conditions he might have my file . I also kept most of the evidences that I have before to prove that our marriage was true.

Yes I scheduled for a consultstion.

 

On 1/24/2022 at 5:28 AM, soapmctavish said:

O applied 5 years

I’m just curious, what country did you originate from and are you male or female?