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

[Mike E 11,726]

30 minutes ago, highHopes said:

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.

That she bore your son  while  she was married to someone else is a new wrinkle. Pregnancies last nearly a year. So if I am the ISO examining your case:

 

* 2008 - you enter the USA.on your F-1

 

* 2008  you meet the woman who is now your wife and start a relationship with her.  While she is still married to someone else, she becomes pregnant and claims you are the father (and presumably her spouse concurs regarding the paternity)

 

* 2009 she gives birth to your child 

* 2011 her divorce  concludes 

* 2012  you marry her and file to adjust status 

 

The ISO is possibly considering two things:

 

* the plausibility that in a matter of months after entering  the U.S. you meet someone you didn’t know before, start a serous relationship, and get her pregnant while she is still married to someone else. Versus the plausibility that instead you knew her from before (perhaps online). If the latter then you had immigration intent when you entered the USA on your  F-1 visa. To be clear I am not making this accusation; I am trying to give you  answers you sought when you created this topic.  But ask yourself: which scenario is more plausible to an ISO that doesn’t know you?

 

* you had a son  out of wedlock. During the years you were not married to your son’s mother were you providing financial support to your son? This is a specific consideration for N-400.  
 

Your lawyer should have considered all this and thus you should not have been blind sided. 

 

Edited December 6, 2022 by Mike E

[highHopes 17]

5 minutes ago, Mike E said:

That she bore your son  while  she was married to someone else is a new wrinkle. Pregnancies last nearly a year. So if I am the ISO examining your case:

 

* 2008 - you enter the USA.on your F-1

 

* 2008  you meet the woman who is now your wife and start a relationship with her.  While she is still married to someone else, she becomes pregnant and claims you are the father (and presumably her spouse concurs regarding the paternity)

 

* 2009 she gives birth to your child 

* 2011 her divorce  concludes 

* 2012  you marry her and file to adjust status 

 

The ISO is possibly considering two things:

 

* the plausibility that in a matter of months after entering  the U.S. you meet someone you didn’t know before, start a serous relationship, and get her pregnant while she is still married to someone else. Versus the plausibility that instead you knew her from before (perhaps online). If the latter then you had immigration intent when you entered the USA on your  F-1 visa. To be clear I am not making this accusation; I am trying to give you  answers you sought when you created this topic.  But ask yourself: which scenario is more plausible to an ISO that doesn’t know you?

 

* you had a son  out of wedlock. During the years you were not married to your son’s mother were you providing financial support to your son? This is a specific consideration for N-400.  
 

Your lawyer should have considered all this and thus you should not have been blind sided. 

 

Mike trust me you are fine, I like the thinking overall to give me some ideas of possibility.

 

To clarify the marriage topic, maybe I should have stated they were fully separated she had moved out he had moved on was with someone else before I even got to the USA, they just never finalized a divorce but yes I understand the narrative here regardless on paper she was still married. 

 

And yes I didn't know her or meet her online we meet when I got here, people meet significant others all the day, she was my first relationship and to debunk that aspect here we are 14+ years later still together bought multiple homes etc. So it wasn't like a hey marry me type etc. If that makes sense. It's different if am divorced now with her then it raises that big question u asked.

 

Yes I support financially I had always worked on F1 visa even though not a huge amount but I always had a job and supported. 

[Mike E 11,726]

15 minutes ago, highHopes said:

Yes I support financially I had always worked on F1 visa even though not a huge amount but I always had a job and supported. 

Cool. Documentation of that might be needed.  

[Rocio0010 5,572]

Hi there,

I think I have read all your posts and I am caught up. I think you would need to take your lawyer to this interview. 

 

Do you have any unpaid tickets/ traffic violations?

Have you ever had issues with your wife?

Did you disclose your child in all previous applications?

 

[Marieke H 2,337]

14 hours ago, highHopes said:

my re entry in 2010

So you re-entered the country on your (non-immigrant) F-1 visa in 2010, while you already had a child in the US and you likely had intentions to marry the child's mother and apply for AOS. In other words, you had immigrant intent. When you entered the country in 2010, did you say anything to misrepresent yourself? Were you asked about the purpose of your visit, about family in the US, etc?

[Rocio0010 5,572]

14 hours ago, highHopes said:

re entry in 2010

Agree with @Marieke H. Seems that you re- entered with the preconceived intent to marry in 2010. What month did you enter the US? When did you get married? Were you asked about this at CBP? If so, what were your answers?

[Marieke H 2,337]

Okay, here is some more insight from your past posts:

 

While on your F-1 visa, you worked off campus for 3 years.

 

Your wife is 15 years older than you are. This usually is not an issue, but could be a problem in combination with everything else.

 

The timing of your marriage and AOS application was right at the end of your F-1 visa.

 

My guess is that all of these things combined, and a re-entry in 2010 where you may or may not have been honest about your immigrant intent, are cause for the officer to want to talk to you some more.

[highHopes 17]

1 hour ago, Rocio0010 said:

Hi there,

I think I have read all your posts and I am caught up. I think you would need to take your lawyer to this interview. 

 

Do you have any unpaid tickets/ traffic violations?

Have you ever had issues with your wife?

Did you disclose your child in all previous applications?

 

I have nothing unpaid for no tickets/or violations pending.

I have no issues with my wife we live same house both happy as a matter of fact we planned on traveling pending approval.

My son was disclosed in every document.

[highHopes 17]

1 hour ago, Marieke H said:

So you re-entered the country on your (non-immigrant) F-1 visa in 2010, while you already had a child in the US and you likely had intentions to marry the child's mother and apply for AOS. In other words, you had immigrant intent. When you entered the country in 2010, did you say anything to misrepresent yourself? Were you asked about the purpose of your visit, about family in the US, etc?

I did re-entered in 2010, I left for my dad's funeral I was out of the country maybe 5 days, re-entry was focused on the criminal case I had at that point and the reason for such a short trip which I answered everything. I never misrepresented myself in anyway I can think of. I have relatives in the US. And I left during school period which was excused by my advisor since again it was a family death emergency.

[highHopes 17]

12 minutes ago, Marieke H said:

Okay, here is some more insight from your past posts:

 

While on your F-1 visa, you worked off campus for 3 years.

 

Your wife is 15 years older than you are. This usually is not an issue, but could be a problem in combination with everything else.

 

The timing of your marriage and AOS application was right at the end of your F-1 visa.

 

My guess is that all of these things combined, and a re-entry in 2010 where you may or may not have been honest about your immigrant intent, are cause for the officer to want to talk to you some more.

Thanks for the response, I did work on campus and then worked off campus, income taxes where filed and noted in all my application before i-130. But I understand your point,  this could have been brought up but again none of these was mentioned or asked in any of my interviews aside the criminal case which I did address. 

[Mike E 11,726]

Well done @Marieke H

 

@highHopes 

 

In one of threads you linked, you noted that your wife was a staff member on your college soccer team.  You’ve also mentioned else where that you had a college scholarship.  
 

1. These are material facts that your didn’t volunteer in this thread. Did you do so during your I-485 or N-400 process?

 

2. Your assertion that your didn’t know your wife before your entered the USA on your F-1 now stretches your credibility.  
 

3. I really question the competence of legal representation you received. Filing N-400 was high risk. 
 

4. I’m going to drop out of this thread now.  Good luck. 
 

 

[Marieke H 2,337]

7 minutes ago, highHopes said:

Thanks for the response, I did work on campus and then worked off campus, income taxes where filed and noted in all my application before i-130. But I understand your point,  this could have been brought up but again none of these was mentioned or asked in any of my interviews aside the criminal case which I did address. 

 

None of these things may have come up during previous interviews, but granting you US citizenship is kind of a big thing, and they tend to look at your entire immigration history before approving that.

 

I think there are several things in your immigration history that could cause issues. We can only guess what they are wanting to talk to you about; it can be one or more of the things that we brought up in this thread, or it could be something completely different. All you can do is get your facts straight (for example, make sure you remember your marriage date) and be honest. I do not think they will have you redo the civics test if you already passed that.

 

Good luck.

[highHopes 17]

5 minutes ago, Mike E said:

Well done @Marieke H

 

@highHopes 

 

In one of threads you linked, you noted that your wife was a staff member on your college soccer team.  You’ve also mentioned else where that you had a college scholarship.  
 

1. These are material facts that your didn’t volunteer in this thread. Did you do so during your I-485 or N-400 process?

 

2. Your assertion that your didn’t know your wife before your entered the USA on your F-1 now stretches your credibility.  
 

3. I really question the competence of legal representation you received. Filing N-400 was high risk. 
 

4. I’m going to drop out of this thread now.  Good luck. 
 

 

@Mike E again thank you for advice and assistance;

 

Yes i had scholarship to play soccer, and of course I did not know my wife till I arrived in the United States. I just wanted to clarify that part because it seems you took it as if I knew her before my arrival because she was a staff. I was recruited internationally so had never step foot in the United States till the start of the season and during that time was when I meet her.

 

Material facts during interview process to my recollection everything was disclosed how we meet and all there is nothing there to hide as far as where I meet her or how. I do not recall on any application it asking that question but during interview process yes.

 

Thank you again once more.

[highHopes 17]

3 minutes ago, Marieke H said:

 

None of these things may have come up during previous interviews, but granting you US citizenship is kind of a big thing, and they tend to look at your entire immigration history before approving that.

 

I think there are several things in your immigration history that could cause issues. We can only guess what they are wanting to talk to you about; it can be one or more of the things that we brought up in this thread, or it could be something completely different. All you can do is get your facts straight (for example, make sure you remember your marriage date) and be honest. I do not think they will have you redo the civics test if you already passed that.

 

Good luck.

Thanks you and I will go over all applications. And I was putting only years for certain events because I just did not want to list exact dates such as marriage etc. But I know when we got married. And yes I appreciate all the various issues because it gives me a broader perspective or what to expect or maybe totally different either way come next month am sure I will have answers and can share for future reference.

[Mobius1 175]

Do let us know how it goes post interview and what they were stuck on. It might help people who may be in similar situation.