Notice of Intent to Deny

[Makanaki 112]

Hello Fam, I am asking this question on behalf of a friend. He has been married to his US Citizen wife for 10 years but they stopped living together since about 7 years ago. They never got divorced. He applied for his citizenship based on the 5 year rule, he was approved but at the point of oath ceremony his case stalled since 2 years ago. USCIS has now sent a letter now stating that records showed that he and his wife have not been living together and that their “marriage does not appear legitimate”. Coupled with this, they wrote that he has outstanding or overdue taxes.

 

Please how do you advise for him to proceed? He has 15 days to respond?

Edited February 6 by Makanaki

[Crazy Cat 41,981]

Time to "lawyer up", imho.  This is no longer DIY.  Have they claimed misrepresentation yet?  Did he just apply for citizenship?  

Edited February 6 by Crazy Cat

[Makanaki 112]

4 minutes ago, Crazy Cat said:

Time to "lawyer up", imho.  This is no longer DIY.  Have they claimed misrepresentation yet?  Did he just apply for citizenship?  

They haven’t claimed misrepresentation yet. He applied for citizenship 2 years ago, he went for the interview, he was approved. A day to the oath ceremony was when they called him saying he should not attend the ceremony that his background check was still pending. Just few days he got the NOID

[Boiler 45,673]

I do not see how he could have been approved.

 

Did he use a Lawyer?

[SalishSea 17,928]

7 minutes ago, Makanaki said:

They haven’t claimed misrepresentation yet. He applied for citizenship 2 years ago, he went for the interview, he was approved. A day to the oath ceremony was when they called him saying he should not attend the ceremony that his background check was still pending. Just few days he got the NOID

Did he remove conditions?

 

Even if applying based on the 5 year rule, the  circumstances of how he initially got the GC matter.  Sounds like they suspect fraud. Even if he withdraws his application from citizenship, he could be referred to an immigration judge.   I agree, he needs a lawyer.

[Makanaki 112]

2 minutes ago, Boiler said:

I do not see how he could have been approved.

 

Did he use a Lawyer?

Hi Boiler, yes he was approved. A day to the oath ceremony was when they called to cancel. 
 

No he did not use a lawyer 

[Boiler 45,673]

The tax situation would have killed it never mind the dodgy marriage situation.

[Makanaki 112]

2 minutes ago, SalishSea said:

Did he remove conditions?

 

Even if applying based on the 5 year rule, the  circumstances of how he initially got the GC matter.  Sounds like they suspect fraud. Even if he withdraws his application from citizenship, he could be referred to an immigration judge.   I agree, he needs a lawyer.

No he did not have to remove conditions. He was given a 10 years green card.

 

His marriage is real. Him and his wife had a major issue that involved the police. Ever since they lived apart. They are now in good terms but just not living together.

 

if he withdraws his citizenship can it affect his GC at all?

[Crazy Cat 41,981]

Might have to immediately withdraw the N-400, if possible.  This could get real messy. 

[Makanaki 112]

3 minutes ago, Boiler said:

The tax situation would have killed it never mind the dodgy marriage situation.

He has already set up a payment plan with IRS. Wouldn’t that suffice for this part?

[Makanaki 112]

1 minute ago, Crazy Cat said:

Might have to immediately withdraw the N-400, if possible.  This could get real messy. 

If he withdraws, any impact on his green card?

[SalishSea 17,928]

2 minutes ago, Makanaki said:

No he did not have to remove conditions. He was given a 10 years green card.

 

His marriage is real. Him and his wife had a major issue that involved the police. Ever since they lived apart. They are now in good terms but just not living together.

 

if he withdraws his citizenship can it affect his GC at all?

So he now has a criminal record?  

[Crazy Cat 41,981]

1 minute ago, Makanaki said:

If he withdraws, any impact on his green card?

It might already affect his GC.  He needs to get a good attorney asap, imho. 

Edited February 6 by Crazy Cat

[PaulaCJohnny 713]

What was the problem with the police?

this can possibly be the cause

[Makanaki 112]

1 minute ago, SalishSea said:

So he now has a criminal record?  

No. The police was called to the fight, and they said they couldn’t move him out of the house but advised him to voluntarily leave. Which was what he did.