Form I-797C Notice of Action N-400 after passing Interview

[iwannaplay54 985]

27 minutes ago, highHopes said:

I must have made a mistake on my timeline but:

 

2008 entered USA on F1 visa

2010 got married meet my spouse here did not know her before arriving

2012  applied for permanent residency  got the standard 2 year temp

2015 Temp removed got full 10 years.

And now applied for N400

 

This looks straightforward.  Hate to ask you but did you file ANYTHING between 2010 and 2012 that did not disclose your marriage?  Renewed F1?  Anything that could be interpreted as non-immigrant application with immigrant intent?  Why not adjust status in 2010?  My bets are its something around that gap that they want to dig into.

Edited December 6, 2022 by iwannaplay54

[Mike E 11,726]

33 minutes ago, iwannaplay54 said:

Why not adjust status in 2010?

Or why not adjust after waiting 2 full years given marriage was in 2010 and the RoC filed 2012. IOW wait until the 2nd wedding anniversary to file I-485 and there is no need to file I-751.  

33 minutes ago, iwannaplay54 said:

 

 My bets are its something around that gap that they want to dig into.

 

Yeah.  I also have the pending question on where the petitioner was born and then would want to ask about previous marital histories of both.  

[SalishSea 16,884]

2 hours ago, Mike E said:

Or why not adjust after waiting 2 full years given marriage was in 2010 and the RoC filed 2012. IOW wait until the 2nd wedding anniversary to file I-485 and there is no need to file I-751.  

Yeah.  I also have the pending question on where the petitioner was born and then would want to ask about previous marital histories of both.  

Agreed.  There could also be questions related to marital status listed on previous nonimmigrant visa applications.

[highHopes 17]

3 hours ago, Mike E said:

@highHopes I didn’t see an answer to this. 

Yes she was born in the USA

[highHopes 17]

3 hours ago, iwannaplay54 said:

This looks straightforward.  Hate to ask you but did you file ANYTHING between 2010 and 2012 that did not disclose your marriage?  Renewed F1?  Anything that could be interpreted as non-immigrant application with immigrant intent?  Why not adjust status in 2010?  My bets are its something around that gap that they want to dig into.

I appreciate everyone's assistance, between 2010 and 2012 i did not file anything that excluded my marriage. I never renewed F1 since it was 4 years, I was always enrolled in school full time as well.  I filed income taxes I did everything correctly obviously aside the arrest incident which again I did disclose and I was asked about it during my re entry in 2010.  I got married in 2012 so couldn't adjust in 2010 even though we lived together son was just born.

[SalishSea 16,884]

5 minutes ago, highHopes said:

I appreciate everyone's assistance, between 2010 and 2012 i did not file anything that excluded my marriage. I never renewed F1 since it was 4 years, I was always enrolled in school full time as well.  I filed income taxes I did everything correctly obviously aside the arrest incident which again I did disclose and I was asked about it during my re entry in 2010.  I got married in 2012 so couldn't adjust in 2010 even though we lived together son was just born.

Had you previously applied for a tourist visa back in your country prior to the F1?

[Mike E 11,726]

6 minutes ago, highHopes said:

I got married in 2012 so couldn't adjust in 2010 even though we lived together son was just born.

 

3 hours ago, highHopes said:

2010 got married

Well now we understand your problem.  

Edited December 6, 2022 by Mike E

[highHopes 17]

2 hours ago, Mike E said:

Or why not adjust after waiting 2 full years given marriage was in 2010 and the RoC filed 2012. IOW wait until the 2nd wedding anniversary to file I-485 and there is no need to file I-751.  

Yeah.  I also have the pending question on where the petitioner was born and then would want to ask about previous marital histories of both.  

Again I had no clue, what process etc. I just knew after marriage I could adjust to permanent. Honest mistake on my path, the more I read on here the more learnt about these stuff..

 

My wife is American born and raised here. I was never married before this is my first marriage. But spouse was previously married to an American who she divorced.

1 minute ago, Jorgedig said:

Had you previously applied for a tourist visa back in your country prior to the F1?

Never applied for any visa, only F1 and I had a scholarship to play sports. 

[Mike E 11,726]

1 minute ago, highHopes said:

But spouse was previously married to an American who she divorced

Was this disclosed in I-485 and N-400?

 

What year did she divorce?

[Mike E 11,726]

13 minutes ago, highHopes said:

Never applied for any visa, only F1 and I had a scholarship to play sports. 

Did you graduate?

[highHopes 17]

8 hours ago, Mike E said:

Was this disclosed in I-485 and N-400?

 

What year did she divorce?

Yes it was disclosed, her marriage and divorce certificates were included in both application.

 

If am correct she was going through divorce battle between 2010/2011 I think it was court finalized in 2011

8 hours ago, Mike E said:

Did you graduate?

Yes, I graduated both with my bachelor's and masters. 

[Mike E 11,726]

3 minutes ago, highHopes said:

 If am correct she was going through divorce battle between 2010/2011 I think it was court finalized in 2011

So I suspect the scrutiny on your case comes down to:

 

* inconsistency in your representation of when you got married.  In this thread you’ve said you were married in 2010 and in 2012

 

* If you were married in 2010, given her divorce was final in 2011, then suffice to say you’ve a tough problem 

 

* even if the above two issues can be resolved in your favor, the proximity of the divorce to your marriage might be raising concerns given your authorized stay on your F-1 was about to run out

I suggest you tighten up your grasp of all the relevant dates and rehearse. Then have a solid story about end of your wife’s previous marriage and went your relationship started with her.  

 

[highHopes 17]

26 minutes ago, Mike E said:

So I suspect the scrutiny on your case comes down to:

 

* inconsistency in your representation of when you got married.  In this thread you’ve said you were married in 2010 and in 2012

 

* If you were married in 2010, given her divorce was final in 2011, then suffice to say you’ve a tough problem 

 

* even if the above two issues can be resolved in your favor, the proximity of the divorce to your marriage might be raising concerns given your authorized stay on your F-1 was about to run out

I suggest you tighten up your grasp of all the relevant dates and rehearse. Then have a solid story about end of your wife’s previous marriage and went your relationship started with her.  

 

@Mike E thank you for all the input and feedback, as far as marriage maybe i should have been much clearer sorry using my phone to respond and doing so much but since am providing information for guidance I need to double check. During the 2010 period was when she was fighting for divorce due to assets involved but my son was born in 2009. Marriage was being discussed but we could not get married obviously until her divorce was finalize. We got married Feb. Of 2012 and I have been going through my documents since last night so far its consistent with all official certificates. Note an attorney filed my residency and retained an attorney for N400 as well. 

 

Now I get the fact I had 4 year visa on F1 and I cut it close but again I had ties had a son was still in school etc. Obviously could not get married since her divorce was not finalized but it was never a question that was brought up during my interview for residency and citizenship not once. 

 

But again you do make valid points even though my mind has been crawling around the criminal case which I inquired with various attorneys that stated it won't fall under moral character since there was a legal case on that which favored the person. But I know uscis views things differently, I am okay dealing with my past actions, I did not lie about it,  as a matter of fact as mentioned I work in government meaning I disclosed it so do I regret my actions yes but I have changed and I do impact society and community now with my job you know

[Mike E 11,726]

5 minutes ago, highHopes said:

During the 2010 period was when she was fighting for divorce due to assets involved but my son was born in 2009. 

Who is the mother of your son?

[highHopes 17]

12 minutes ago, Mike E said:

Who is the mother of your son?

My wife, I have been married once, have 1 child and we still together till today and that's who am married to. Again Mike thanks for taking time responding because everything you are saying I am double checking making sure no mistakes was done.